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The Fair Work Ombudsman has commenced legal action against the Agile Group (Global) Pty Ltd - an Adelaide-based Indigenous owned and operated company - that provides nightclub and event security services around Australia. Justin Benjamin James Brinkies of Woodcroft, South Australia, the company’s head of group operations is also facing court.

Agile Group’s website states “our aim is to provide professional, cost-effective solutions to our clientele, whilst enriching the local communities in which we operate. Agile Group currently deliver services across a broad range of industries including government, logistics, health care, licensed venues, manufacturing and resources.”

In 2021, Brinkies, who managed companies that owe creditors about $7million was banned for two years by the Australian Securities and Investments Commission (ASIC). Between 2010 and 2019, Brinkies was a director of seven companies with most of the companies being part of the Trojan group of companies that operated around Australia providing security services.

Brinkies was disqualified by ASIC until 14th September 2023.

The FWO began its investigation into the Agile Group in January 2022 after receiving requests for assistance from an Agile Group employee.

A Fair Work Inspector issued a Compliance Notice to Agile Group (Global) Pty Ltd in each of April 2022 and February 2023, after forming a belief that a total of 19 workers, some of whom were visa holders, had not been paid all they were owed.

The Inspector formed a belief this led to $98,302 in underpayments for various periods of work from September 2021 to July 2022, owed under the Fair Work Act’s National Employment Standards, the Security Services Industry Award 2020 and Clerks – Private Sector Award 2020.

The alleged contraventions in the Compliance Notices include the failure to pay minimum rates; casual loading; overtime rates; night shift rates; weekend penalty rates; penalty rates for insufficient breaks between shifts; and not receiving payment for accrued but untaken annual leave.

The Fair Work Ombudsman alleges Agile Group (Global) Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the workers’ entitlements.

The regulator alleges that Brinkies was involved with the failure to comply with the second notice.

Acting Fair Work Ombudsman Mark Scully said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.

Scully noted “where employers do not comply we will take appropriate action to protect employees, including visa holders who we prioritise as they can often be vulnerable.

“A court can order a business to pay penalties in addition to back-paying workers. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

The FWO is seeking penalties against the company and Brinkies. The company faces a penalty of up to $33,300 for the alleged failure to comply with the Compliance Notice issued in April 2022, and up to $41,250 for the alleged failure to comply with the Compliance Notice issued in February 2023.

Brinkies faces penalties of up to $8,250 for his alleged involvement in the failure to comply with the Compliance Notice issued in February 2023.

The regulator is also seeking orders for the company to rectify the alleged underpayments in full, plus interest.

A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 27th November 2023.

The Fair Work Ombudsman has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders with work rights can ask for help without fear of visa cancellation. Details are at our visa protection webpage.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.

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