# Long Service Leave Entitlement — Governing Law

For an employee working in **Victoria** for a national-system employer covered by the *Fair Work Act 2009* (Cth), long service leave entitlements are governed by **state law**, specifically:

## The Applicable Legislation

**The *Long Service Leave Act 2018* (Vic)**

This is a law enacted by the **Victorian State Government** (State Parliament of Victoria).

## Why State Law Applies

Although the employer is a national-system employer covered by the *Fair Work Act 2009* (Cth), the Fair Work Act does not itself create a uniform, national long service leave entitlement. Instead, long service leave is an area where **state and territory governments** legislated historically and continue to set the applicable standards.

The *Fair Work Act 2009* (Cth) preserves and incorporates relevant state long service leave laws through section 113 and the National Employment Standards (NES) at section 22(4), which provide that an employee's long service leave entitlement is determined by reference to the applicable **state or territory** long service leave law.

## Jurisdiction

The level of government whose law applies is the **State** level — specifically, the **State of Victoria**. The employee's long service leave is calculated according to the entitlements and rules set out in Victoria's *Long Service Leave Act 2018*, not under any single national long service leave standard.