Adero is investigating potential underpayments owing to hospitality and restaurant employees engaged by at least 70 hospitality venues operated by the Merivale enterprise in Sydney, New South Wales.

Adero has been instructed that employees of Merivale are entitled to a higher base rate of pay than they are currently receiving. Notwithstanding the operation of the Merivale Collective Agreement 2007, all potential class members are covered by the Hospitality Industry (General) Award 2010 or Restaurant Industry Award 2010, both of which set a higher base rate of pay than the Merivale agreement.

Section 206 of the Fair Work Act 2009 (Cth) requires the base rate of pay in a collective agreement to be equal or greater than the rate stipulated in the award.

Employees may also be entitled to a casual loading of 25% in addition to their base rate of pay.

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