.md content.## Long Service Leave Entitlements for National System Employers

### The governing law is **state or territory legislation**, not the Fair Work Act

For most employees of a national system employer covered by the *Fair Work Act 2009* (Cth), the actual entitlement to long service leave is **not** set out in the Fair Work Act itself. The National Employment Standards (NES) in the Act do **not** include a uniform long service leave provision. Instead, the Fair Work Act and associated regulations operate to **preserve the operation of State and Territory long service leave laws** (and certain industrial instruments that reference them) for those employees.

### No single figure applies across Australia

There is **no uniform long service leave figure that applies the same way nationwide**. The entitlement—including the qualifying period, the amount of leave, how it accrues, and when it can be taken—is determined by the specific long service leave statute in the State or Territory where the employee is employed (or, in some cases, where the employee’s base of employment is located).

### Determining the applicable law

The process for working out an employee’s long service leave therefore depends entirely on **the employee’s location**:

1.  **Identify the relevant jurisdiction.** The test is usually the State or Territory in which the employee *performs their work* (or, for some laws, where the employer’s principal place of business is situated). The applicable long service leave Act is the one in force in that jurisdiction.

2.  **Apply that jurisdiction’s formula.** Each State and Territory has its own distinct legislation. Examples include:
    *   *Long Service Leave Act 1955* (NSW)
    *   *Long Service Leave Act 2018* (Vic)
    *   *Long Service Leave Act 1976* (Qld)
    *   *Long Service Leave Act 1987* (SA)
    *   *Long Service Leave Act 1958* (WA)
    *   *Long Service Leave Act 1976* (Tas)
    *   *Long Service Leave Act 1981* (NT)
    *   *Long Service Leave Act 1976* (ACT)
    
    These statutes differ in key respects. For example, some provide for 13 weeks of leave after 15 years of continuous service, while others provide for a different quantum or permit pro-rata access after shorter periods (e.g., 7 or 10 years). The calculation of service, how casual or part-time employment counts, and the rate of pay during leave also vary.

3.  **Check for industrial instruments.** In rare cases, an applicable enterprise agreement or transitional instrument may expressly incorporate or modify a particular State’s long service leave scheme. If so, that instrument’s terms apply. However, the great majority of employees simply rely on the underlying State or Territory Act.

**Summary:** For a national system employer, long service leave is **not** a single national standard. You must look to the long service leave legislation of the State or Territory where the employee works, and apply the specific rules in that Act. No uniform “Australian” figure exists.