Fair Work Ombudsman
Citation: FWO-2025-02-07-agile-penalty-media-release
At a glance
- Respondent
- Agile Group
- Penalty
- $6,600
- Employees affected
- 18
What happened
The Fair Work Ombudsman secured a $6,600 penalty against Justin Benjamin James Brinkies, a former senior manager of Adelaide-based security company Agile Group (Global) Pty Ltd. The company went into liquidation in 2024. Brinkies failed to comply with a Compliance Notice issued in February 2023, which required the company to back-pay 18 workers employed between November 2021 and July 2022. Some workers were visa holders. The underpaid entitlements included minimum wages, casual loading, overtime rates, and penalty rates. The Fair Work Ombudsman investigated after receiving requests for assistance from affected workers.
What was decided
The Federal Circuit and Family Court imposed a $6,600 penalty on Justin Benjamin James Brinkies for failing to comply with a Compliance Notice. Judge Stewart Brown rejected Brinkies' claim that his role was comparable to a receptionist, finding he retained operational control and was knowingly involved in the non-compliance. The judge noted Brinkies’ previous disqualification from managing corporations. The court’s action to seek penalties and back-payment orders was stayed due to the company's liquidation. Entitlements remain owing to the affected workers.
What it means for employers
Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties, even if the company is in liquidation. Individuals involved in breaches, even in a managerial capacity, can be held accountable. Employers should be particularly vigilant in protecting the rights of vulnerable workers, such as visa holders.
What it means for employees
Employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Visa holders are entitled to the same workplace protections as Australian citizens and permanent residents.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/february-2025/20250207-agile-penalty-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 →