The Fair Work Ombudsman has secured a $6,600 penalty in court against the former senior manager of an Adelaide-based company that provided nightclub and event security services around Australia.
The Federal Circuit and Family Court has imposed the penalty against Justin Benjamin James Brinkies, who was the senior manager of Agile Group (Global) Pty Ltd, before the company went into liquidation in 2024.
The penalty was imposed in response to Mr Brinkies’ involvement in Agile Group (Global) Pty Ltd breaching the Fair Work Act by failing to comply with a Compliance Notice requiring the company to calculate and back-pay 18 workers it had employed for various periods from November 2021 to July 2022.
Some of the workers were visa holders at the time.
Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
“When Compliance Notices are not followed, we will continue to take legal action to protect employees. Employers and individuals involved in failing to act on these notices risk substantial penalties in addition to back-paying workers,” Ms Booth said.
“Employers should also be aware that taking action to protect vulnerable workers, like visa holders, is an enduring priority for the Fair Work Ombudsman.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO investigated after receiving multiple requests for assistance from affected workers.
Mr Brinkies was involved in failing to comply with a Compliance Notice issued by a Fair Work Inspector in February 2023.
The Compliance Notice was issued in response to workers being underpaid entitlements owed under the Fair Work Act’s ³Ô¹ÏÍøÕ¾ Employment Standards, the Security Services Industry Award 2020 and Clerks – Private Sector Award 2020.
Underpaid entitlements included minimum wages, casual loading, overtime rates, night shift rates, weekend penalty rates, penalty rates for insufficient breaks between shifts and annual leave entitlements.
The Fair Work Ombudsman’s legal action seeking a penalty and back-payment orders against Agile Group (Global) Pty Ltd was automatically stayed after the company went into liquidation. Entitlements remain owing to all of the affected workers.
Judge Stewart Brown rejected Mr Brinkies’ assertion in court that his role at Agile Group (Global) Pty Ltd could be compared to that of a receptionist, finding that Mr Brinkies had “retained operational control and responsibility for the company” and was knowingly involved in the failure to comply with the Compliance Notice.
Judge Brown found that a significant penalty was required to deter Mr Brinkies from further contraventions in future, noting that Mr Brinkies had previously been disqualified for two years by the Australian Securities and Investment Commission from managing corporations.
“I have grave concerns that Mr Brinkies may be contemplating resurrecting some form of business enterprise, possibly in the security industry, which will employ individuals to fulfil its contractual obligations. The evidence available indicates that he has become the director of another company… since his disqualification period concluded,” Judge Brown said.
Under the Fair Work Act, the workplace watchdog can hold to account any individuals involved in the breaches of a company – even where the company is in liquidation or no longer exists. For more information see our accessorial liability webpage.
The Fair Work Ombudsman filed 146 litigations against employers involving visa holder workers, and secured nearly $23 million in penalties in cases that have included visa holder workers, in the seven financial years to June 2024.
