The employee's long service leave entitlement is governed by **State law - specifically the Long Service Leave Act 2018 (Vic)** - even though the employee works for a national-system employer covered by the Fair Work Act 2009 (Cth).

**Why State law applies**

Long service leave is the notable gap in the National Employment Standards. The Fair Work Act 2009 (Cth) does not set a uniform national long service leave standard. Instead:

- Section 113 of the Fair Work Act contains only a transitional NES entitlement: it preserves long service leave terms from certain pre-modern-award instruments (pre-reform awards and agreements) for employees who were covered by them. It does not create a freestanding federal entitlement of its own.
- Section 27(2) of the Fair Work Act expressly carves long service leave out of the Act's general override of State laws, so State and Territory long service leave legislation continues to apply to national-system employees (except to the extent a preserved award-derived entitlement under s 113 applies instead).

**The governing statute here**

Because the employee works in Victoria, the applicable law is the **Long Service Leave Act 2018 (Vic)**, a Victorian (State) statute. Under that Act, in outline:

- Leave accrues at **1/60th of the period of continuous employment** (about 0.8667 weeks per year of service, i.e. roughly 8.67 weeks after 10 years).
- The employee can **take** long service leave after **7 years** of continuous employment with one employer.
- If employment ends after at least 7 years' continuous employment, the employee is **paid out** the accrued but untaken leave on a pro-rata basis.

**Why there is no single national figure**

Long service leave is legislated separately by each State and Territory (e.g. the Long Service Leave Act 1955 (NSW), Long Service Leave Act 2018 (Vic), Industrial Relations Act 2016 (Qld) provisions, and so on), and some industries have portable schemes (e.g. construction). Accrual rates, qualifying periods, and pro-rata rules differ between jurisdictions, so no single national long service leave figure applies uniformly across Australia.

**Level of government:** State - here, the State of Victoria.