Former Ice Arena manager Justin Brinkies fined for underpaying workers $100k

An SA security business manager has been caught out by the courts claiming to be the company’s receptionist as he faced penalties for underpaying workers close to $100,000.

A South Australian judge has caught out a former senior manager of an Adelaide security company for claiming to be the business’ receptionist as he faced penalties for underpaying workers close to $100,000.

Senior manager of Agile Group (Global) Pty Ltd Justin Benjamin James Brinkies, 39, had already faced public scrutiny a number of times before he fronted the Federal Circuit Court on January 22.

He has also been involved with other failed businesses, including the Trojan group of companies, which ASIC found owed close to $7m to creditors.

Mr Brinkies was fined for underpaying 18 workers close to $100,000. Picture: David Mariuz

For this, the watchdog decided to disqualify Mr Brinkies from managing companies for two years in September, 2021.

His latest venture as a defacto senior manager with Agile Group had him involved with a number of security and cleaning businesses across Adelaide and Australia, including managing The Ice Arena at Therbaton until 2023. 

Mr Brinkies was under scrutiny again for underpaying 18 Agile Group workers $100,000 between November 2021 to July 2022, within the two-year managerial ban.

It is unclear which business the underpaid workers were employed by.

The Fair Work Ombudsman brought Mr Brinkies to the Federal Circuit Court for failing to act on a compliance notice to back-pay these workers.

In his Judgement on January 22, Judge Stewart Brown rejected Mr Brinkies’ assertion to the court that his role with the business was, in Mr Brinkies own words, similar to that of a “receptionist” or a “low-level functionary”.

Judge Brown instead found Mr Brinkies “must be regarded as the senior management of Agile at relevant times” and was knowingly involved in the failure to act on the Fair Work compliance notice relating to the underpayments.

The Ice Arena was just one of the businesses operated by Agile Group. Picture: David Mariuz

The judge said he had “grave concerns” Mr Brinkies would return to the security industry, telling the court Mr Brinkies had again become director of another company since his ASIC disqualification had expired.

The “substantial penalty” for Mr Brinkies was a personal $6600 penalty, below the maximum penalty for failing to comply with a compliance notice of $8250.

His 18 former staff’s underpaid entitlements of $96,626 remains owing, including minimum wages, overtime rates, penalty rates and annual leave entitlements.

“When compliance notices are not followed, we will continue to take legal action to protect employees,” Fair Work Ombudsman Anna Booth said.

“Employers and individuals involved in failing to act on these notices risk substantial penalties in addition to back-paying workers.”