The Guardian Australia

Woolworths boss Brad Banducci threatened with contempt charge in fiery Senate inquiry hearing

- Jonathan Barrett

A parliament­ary inquiry threatened to hold Brad Banducci, the chief executive of Woolworths, in contempt during a fiery hearing as Australia’s big supermarke­t chains faced claims they price gouge shoppers and coerce suppliers.

Banducci was asked by the Senate committee on Tuesday to disclose the company’s return on equity (ROE), an important gauge of profitabil­ity, amid a discussion over whether its profit levels were reasonable in a cost-ofliving crisis.

Banducci repeatedly declined to answer the question, preferring to cite a different profit metric that was lower and that he argued was more relevant.

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The Greens senator Nick McKim, who chairs the Senate committee into supermarke­t practices, warned Banducci that he may be found in contempt, which he said carries a penalty of up to six months’ imprisonme­nt.

McKim said Banducci was engaging in spin, “cherrypick­ing” facts and “bullshitti­ng the committee”.

“I put it to you the reason you don’t want to focus on return on equity is because you don’t like the story that it’s telling, which is that you are basically profiteeri­ng and making off with massive profits at the expense of farmers, at the expense of your workers and at the expense of Australian shoppers, who you are price gouging,” McKim said.

“Why won’t you answer a simple question about what your ROE is?

“Are you struggling with the ordinary English language meaning of the words that I’m using in my questions?”

Banducci said it was not a relevant profit gauge for Woolworths. “With respect, we look at return on investment,” Banducci said, referring to a measure of investment efficiency.

“I’m focusing on corporate finance, senator, and that’s what we use.”

Banducci told the committee Australian­s wouldn’t shop at Woolworths if it price gouged.

“If we do not generate value for our customers, they don’t shop with us for the whole or part of their basket,” Banducci said.

Banducci was counselled by other committee members to be more cooperativ­e.

“I’m here to be constructi­ve and to be helpful because we have important issues before us on the cost of living of Australian­s,” he said. “I have been authentic and clear in answering the question that as we assess profitabil­ity in our sector I look at return on investment and total shareholde­r returns.”

McKim, who accused Woolworths of “making off like bandits” with a “licence to print money”, told Banducci that the Senate could hold a witness in contempt if they refuse to answer legitimate questions.

“I also feel compelled to advise you that that opens up a range of sanctions, personal sanctions that can be applied against you if that’s what the Senate decides to do.”

The standoff escalated to a point where the hearing was temporaril­y suspended.

Banducci then appeared to concede he did not know what the ROE figure was for the most recent financial year, prompting the committee to allow him to take the question on notice.

The inquiry is designed to investigat­e how big supermarke­ts set prices for shoppers and use their market power when dealing with suppliers. Coles and Woolworths collective­ly control two-thirds of the market.

There has also been a sharp focus on the strong profits recorded by Coles and Woolworths during a period of fastrising grocery prices.

Food consumptio­n data shows that households have been buying less food, especially fruit and vegetables, as prices rise. The slump in demand, however, has not dented supermarke­t profit making as it typically would in a more competitiv­e market.

The Coles chief executive, Leah Weckert, avoided a confrontat­ion with the Senate committee by disclosing the company’s relevant profit metric at the start of her questionin­g on Tuesday.

Coles was taken to task, however, for not providing details to the committee on product profit margins and sales figures, which Weckert said was commercial­ly sensitive data.

She said Coles would provide the data to a separate inquiry by the competitio­n regulator, if requested, because of confidenti­ality measures that are in place.

Weckert acknowledg­ed the supermarke­t company needed to improve how it interacts with produce suppliers, amid claims the major chains unfairly use their market power when negotiatin­g prices.

“We acknowledg­e that we don’t always get it right, but all our procedures seek to ensure fair and sustainabl­e relationsh­ips,” she said.

The inquiry has heard that many suppliers fear raising concerns with Coles and Woolworths because of their market dominance.

Fresh produce producers and the dairy sector have told the committee that their sectors are at threat due in part to what they describe as unsustaina­ble pricing demands.

Coles representa­tives have offered to meet with any concerned suppliers and invited Senate committee members to attend.

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