NSW Ordinary working hours vs actual hours worked - More than 38 with no compensation

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10 July 2019
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Hi, i was hoping to get some answers to a question i have about ordinary contracted hours vs actual hours worked. I am contracted to a standard week of 38 hours and it also states this on my timesheet under "ordinary 38 hours". The issue is we start at 5am every day and finish at 1:30 every day, take away 30 mins for the lunch breaks and you are left with a normal working week of 40 hours not 38. My understanding is that the extra 2 hours worked need to be used as RDO hours which means you would get roughly 1 day off a month, or alternatively the company gives you an early day once a week (for example you finish at 11am on friday not 1:30) which would bring the week to 38 hours not 40.

The company in question is completely refusing to acknowledge this and basically replying with "we dont do that here" which im sure they can not legally do. The only fair outcome i can see is the company back paying the RDO hours that workers have had to work or the RDO hours given to the workers as annual leave.

Am i fair with thinking this is completely wrong ? does not state anything about this in the contract.....it states normal week is 38 hours.