Security firm Agile Group to face court for allegedly underpayments of almost $100,000

The Adelaide-based security firm that runs The Ice Arena, and its manager, will face court for allegedly underpaying 19 staff almost $100,000.

Adelaide security company Agile Group (Global), which runs The Ice Arena at Thebarton, and manager Justin Brinkies will face court in November for failing to repay workers who were allegedly underpaid almost $100,000.

The Fair Work Ombudsman has alleged Agile Group, which also operates The Ice Arena at Thebarton, failed to comply with compliance notices it was issued, which required the company to calculate and back-pay workers entitlements after an investigation by a Fair Work inspector.

The regulator said it started the investigation in January, 2022, after receiving requests for assistance from an employee.

“A Fair Work inspector issued a compliance notice to Agile Group (Global) 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 regulator said in a statement.

Justin Brinkies at The Ice Arena.

“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 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), 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 Mr Brinkies was involved with the failure to comply with the second notice.’’

The Ombudsman is seeking penalties of up to $74,550 against the company and $8250 against Mr Brinkies.

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

Agile Group (Global) took over the operation of The Ice Arena in early 2022 after the related entity which was running it - known as ACN 643 112 485 - collapsed with debts of more than $3m.

Mr Brinkies has in the past acted as a spokesman on behalf of The Ice Arena. News Corp Australia attempted to contact both the Ice Arena and Agile Group on Wednesday however Agile’s number was not working and no one answered calls to the Ice Arena.

Mr Brinkies, who co-founded Agile Group and was a formerly a director of Agile Group (Global), was banned from managing a corporation for two years by the corporate regulator ASIC in 2021 due to his involvement in seven failed companies, which collapsed with debts of almost $7m.

Most of these entities were part of the Trojan group of companies, which ASIC at the time said operated around Australia providing security services.

Mr Brinkies was also a bankrupt at the time that that decision was made.

Mr Brinkies’ ban is due to expire in September this year.

The matter is set down for a direction hearing in the Federal Circuit Court in Adelaide on November 27.