Fair Work Ombudsman
Citation: FWO-2023-08-31-agile-litigation-media-release
At a glance
- Penalty
- $98,302
- Employees affected
- 19
What happened
The Fair Work Ombudsman has commenced legal action against Adelaide-based security company Agile Group (Global) Pty Ltd and its head of group operations, Justin Benjamin James Brinkies. An investigation began in January 2022 following a request for assistance from an employee. A Fair Work Inspector issued two Compliance Notices, believing 19 workers, some visa holders, were underpaid a total of $98,302 between September 2021 and July 2022. The alleged underpayments relate to various entitlements including minimum rates, casual loading, overtime, and penalty rates.
What was decided
The Fair Work Ombudsman is seeking penalties against Agile Group (Global) Pty Ltd and Justin Benjamin James Brinkies for failing to comply with Compliance Notices requiring back-payment of entitlements. The company faces penalties of up to $74,550 combined, and Mr. Brinkies faces penalties of up to $8,250. The FWO also seeks orders for full rectification of the alleged underpayments plus interest. A directions hearing is scheduled for November 2023.
What it means for employers
Employers must ensure they are calculating and paying all employee entitlements correctly, including minimum rates, casual loading, overtime, and penalty rates. Failure to comply with Compliance Notices issued by the Fair Work Ombudsman can result in significant penalties. Businesses should prioritise compliance and seek assistance if unsure about their obligations.
What it means for employees
Employees, particularly visa holders, should seek assistance from the Fair Work Ombudsman if they believe they have been underpaid or are not receiving their correct entitlements. The Assurance Protocol protects visa holders from visa cancellation when seeking help.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/august-2023/20230831-agile-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →