Australian Bakery Director Fined for Obstructing Inspectors, Targeting Visa Holders

Legal proceedings have been initiated against Sinamon Pty Ltd, an Australian bakery chain, and two of its directors, including co-director Hui, by the Fair Work Ombudsman (FWO). The allegations include obstructing fair work inspectors and breaching Australian workplace laws, with a specific focus on the treatment of visa-holder employees.

The FWO has accused Hui of physically preventing an inspector from accessing a back office during an unannounced inspection in October 2022. This incident occurred during an investigation that began after a Japanese visa holder sought assistance regarding their employment at Sinamon’s Victoria Park and Mount Lawley outlets.

Allegations Include Obstruction and Misrepresentation

Sinamon, which operates stores in Victoria Park, Mount Lawley, and Fremantle, and previously at Curtin University, is also alleged to have failed to comply with a Notice to Produce, as well as breaching record-keeping and payslip requirements. Former director Ahmed El Sayed Imam is separately accused of misrepresenting workplace rights to another visa holder, who was employed at the Curtin University outlet for less than a week in 2023. Imam allegedly told this worker that wages could be deducted to cover damages after their departure.

Sinamon allegedly failed to comply with a Compliance Notice issued in August 2024. This notice followed the FWO’s belief that the company had underpaid two visa holders under the Fast Food Industry Award 2020 and Restaurant Industry Award 2020, with Hui and Imam allegedly involved in these breaches.

FWO Prioritises Visa-Holder Protection

Fair Work Ombudsman Anna Booth stated that intentionally obstructing inspectors is unacceptable conduct. She highlighted the FWO’s priorities: protecting visa-holder workers and improving compliance within the fast food, restaurant, and cafe sectors. The FWO is seeking significant penalties, up to A$93,900 per breach against Sinamon, and A$18,780 per breach against Hui and Imam. They also seek an order for the company to comply with the Compliance Notice and rectify outstanding entitlements, superannuation, and interest.

A directions hearing is scheduled for September 4 in the Federal Circuit and Family Court in Perth. Hui and Imam have a history of previous penalties, having been fined over A$135,000 in three prior legal actions under Western Australian employment laws. The FWO has filed 171 proceedings involving employers of visa-holder workers in the eight financial years leading up to June last year, securing A$39 million in penalties from these cases.