The Fair Work Ombudsman has commenced legal action against a Perth bakery operator for multiple alleged contraventions, including physically obstructing a Fair Work Inspector.
Facing court is Sinamon Pty Ltd, which operates ‘Sinamon’ branded bakeries in Victoria Park, Mount Lawley, Fremantle and Curtin University’s Bentley campus.
Also facing court are Sinamon director Yan Woon Desiree Hui and former Sinamon director Ahmed El Sayed Imam, who is also known as A Mido or Abarai Mido.
The Fair Work Ombudsman first investigated Sinamon Pty Ltd in 2022 after receiving a request for assistance from a Japanese visa holder the company employed as a casual café all-rounder at its Victoria Park and Mount Lawley outlets between January and June, 2022.
It is alleged that when two Fair Work Inspectors made an unannounced visit to the Victoria Park outlet in October 2022 to try to obtain records, Sinamon Pty Ltd and Ms Hui breached the Fair Work Act, by way of Ms Hui intentionally hindering or obstructing one of the Inspectors.
It is alleged that Ms Hui stood in front of the Inspector to physically block his access to a back office area and that when the Inspector cautioned Ms Hui, she did not move to allow him to access the area.
The Fair Work Ombudsman also alleges that Sinamon Pty Ltd and Dr Imam breached the Fair Work Act when Dr Imam made a misrepresentation about workplace rights to a visa holder the company employed for less than a week in 2023 at its Curtin University outlet.
It is alleged Dr Imam, in response to a request from the worker to pay him for 33 hours of work he performed, misrepresented to the worker that Sinamon Pty Ltd could deduct money from his wages on the basis that his abrupt departure had caused damage to its business.
The FWO also alleges Sinamon Pty Ltd failed to comply with a Compliance Notice a Fair Work inspector issued to the company in August 2024 after forming a belief the company had underpaid the two visa holders’ entitlements under the Fast Food Industry Award 2020 and the Restaurant Industry Award 2020. Ms Hui and Dr Imam were allegedly involved in this breach.
It is also alleged Sinamon Pty Ltd and Ms Hui breached the Fair Work Act by failing to comply with a written Notice to Produce documents issued by a Fair Work Inspector. The Inspector was seeking employment records for one of the two visa holders, as well as all employees employed during a four-month period in 2023. It is alleged the company provided only limited documents.
Breaches of record-keeping and pay slip laws are also alleged.
Fair Work Ombudsman Anna Booth said the alleged conduct was serious.
“Allegedly intentionally trying to obstruct our Inspectors in the conduct of their important work is completely unacceptable conduct,” Ms Booth said.
“Our inspectors have authority under the Fair Work Act to inspect and investigate.
“Any breaches that impact visa holder workers are also concerning.
“Employers should be aware that taking action to protect migrant workers and improve compliance in the fast food, restaurants and cafés sector are priorities for the FWO.
“Visa holders can be reassured that protections exist for their visa if they speak out to us about any concerns.
“We encourage any workers with issues relating to pay and other entitlements to contact us for free advice and assistance. They can also contact their union if they are a member.”
The FWO is seeking penalties in court for multiple alleged contraventions. Sinamon Pty Ltd faces penalties of up to $93,900 per breach. Ms Hui and Dr Imam face penalties of up to $18,780 per breach.
The regulator is also seeking an order requiring Sinamon Pty Ltd to comply with the Compliance Notice, including calculating and rectifying any outstanding entitlements, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Perth on 4 September 2026.
The Fair Work Ombudsman’s legal action comes after Ms Hui and Dr Imam have previously been penalised a total of more than $135,000 across three legal actions in the Industrial Magistrates Court in WA for breaching WA employment laws.
