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Sinamon Cafe’s Mount Lawley partnership was ordered to pay a $31,000 civil penalty after the Industrial Magistrates Court of Western Australia found 62 employment-law contraventions connected to a casual worker’s 2019 employment. The findings covered underpayment, unpaid superannuation and employment-record failures; the penalty was imposed in a case decided on 5 September 2025, not for conduct that occurred in 2025. (2025 WAIRC 00808)
What the court found in the 2025 case
The decision, Paul David Callaghan, Department of Energy, Mines, Industry Regulation and Safety v Ahmed El Sayed Imam, Yan Woon Desiree Hui, was delivered by Industrial Magistrate B. Coleman on 5 September 2025. It concerned the respondents’ Mount Lawley cafe partnership and Ms Agostino, a casual employee who worked there from 15 March to 3 November 2019. The court recorded 62 contraventions. (Court decision, 2025 WAIRC 00808)
The respondents paid her a flat $18 an hour regardless of when she worked, including weekends and public holidays. The court found the rate fell below the applicable minimum hourly base rate and did not include required loadings. It also found unpaid superannuation, missing payslips, and failures to keep records of hours worked and wages paid. The total underpayment was $3,670.80.
The judgment records that Ms Agostino was studying nursing, living out of home and working several jobs. When she queried her pay rate, she was told to find another job if she was unhappy; she was later terminated. The magistrate said the underpayment “may not in itself be considered significant,” but the court also considered the worker’s circumstances and the impact on her.
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How the $31,000 penalty was calculated
The 62 contraventions fell into three groups. The court set the following penalties:
| Contravention type | Number of contraventions | Penalty |
|---|---|---|
| Underpayment | 29 | $14,500 |
| Superannuation | 4 | $2,000 |
| Employment records | 29 | $14,500 |
| Total | 62 | $31,000 |
The court treated the underpayment and record-keeping contraventions as overlapping conduct and applied a 50% adjustment to avoid punishing the same course of conduct twice. It made no adjustment to the four superannuation penalties. The court said its reasons focused primarily on specific and general deterrence. The $31,000 civil penalty was payable to the claimant. Separately, the respondents were ordered to pay $343.20 in disbursements. (Court decision, 2025 WAIRC 00808)
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The judgment says the respondents did not file a response and did not attend the penalty hearing. The court relied on the originating claim and the claimant’s affidavits in determining the matter. This procedural detail describes how the case was decided; it does not change the court’s recorded findings.
Why Sinamon Cafe was penalised “again”
The 2025 case was separate from two earlier proceedings concerning the cafe owners. Those cases dealt with failures to produce employment records and comply with court orders, not the 2019 worker’s wage, superannuation and record-keeping contraventions addressed in the 2025 decision.
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| Proceeding | Conduct reported | Penalty or fine |
|---|---|---|
| 2022 | Ahmed El Sayed Imam failed to comply with two notices to produce records; Yan Desiree Hui failed to comply with one notice and obstructed an inspector. | $14,300 total: $7,300 for Imam and $7,000 for Hui. (WA Government announcement, 15 November 2022) |
| 2023 | Both owners failed to comply with court orders to produce employment records, pleaded guilty and were ordered to pay prosecution costs. | $89,800 total. (WA Government announcement, 31 May 2023) |
| 2025 | Underpayment, unpaid superannuation and employment-record contraventions during Ms Agostino’s 2019 employment. | $31,000 civil penalty. (Court decision, 2025 WAIRC 00808) |
Adding the amounts reported for the three separate proceedings gives $135,100. That is a calculation across distinct cases, not a single penalty imposed in 2025 or a combined figure published by one court.
Which penalty rules applied
The decision distinguishes the maximum penalty in force when the conduct occurred from a later increase. The court noted that the statutory maximum for an individual employer rose to $18,000 per breach in July 2025, but said the 2019 conduct had to be assessed under the provisions then applicable, when the maximum was $2,000 per breach. The later maximum was not the ceiling used for these 2019 contraventions. (Court decision, 2025 WAIRC 00808)
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What the case does—and does not—say about the business
The decision concerns specific employment-law findings against the named respondents in connection with the Mount Lawley cafe and one worker’s 2019 employment. It is not a ruling that every Sinamon location committed the same contraventions. The judgment refers to four locations and online operation at the time of its consideration, but business locations and operations can change. The WA Government enforcement archive lists a release titled “Not so sweet” and marks it no longer available online; the court decision is the primary source for the 2025 findings. (WA Government enforcement matters archive)
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