## Long service leave is not a single national entitlement

For most employees of a national-system employer, long service leave is **not worked out by applying one uniform Fair Work Act figure across Australia**.

The **Fair Work Act 2009 (Cth)** and the NES recognise/protect long service leave, but for most employees the **actual amount, qualifying period, accrual, pro-rata rules and payment rules are governed by the relevant State or Territory long service leave legislation**. Some employees may instead be affected by preserved pre-modern award/agreement terms or an industry portable long service leave scheme.

The result turns on the employee’s **location**—usually where the employee is based or performs the work—not simply on the employer being a national-system employer.

High-level ordinary examples:

| Employee location | Main ordinary LSL law | Core entitlement differs by jurisdiction |
|---|---|---|
| NSW | Long Service Leave Act 1955 (NSW) | Generally 2 months after 10 years, with further accrual |
| Victoria | Long Service Leave Act 2018 (Vic) | Generally after 7 years, leave accrues at 1/60 of continuous employment |
| Queensland | Industrial Relations Act 2016 (Qld) | Generally 8.6667 weeks after 10 years |
| South Australia | Long Service Leave Act 1987 (SA) | Generally 13 weeks after 10 years |
| Western Australia | Long Service Leave Act 1958 (WA) | Generally 8.6667 weeks after 10 years |
| Tasmania | Long Service Leave Act 1976 (Tas) | Generally 8.6667 weeks after 10 years |
| ACT | Long Service Leave Act 1976 (ACT) | Generally after 7 years, based on 1/5 of a month per year of service |
| Northern Territory | Long Service Leave Act 1981 (NT) | Generally 13 weeks after 10 years |

So the correct approach is:

1. identify the State or Territory connected with the employee’s employment;
2. apply that jurisdiction’s long service leave Act, including its rules about continuous service, casual service, breaks, pro-rata payment on termination and rate of pay; and
3. check whether any preserved instrument, enterprise agreement, contract term or portable scheme gives a different or more beneficial entitlement.

There is **no single national long service leave figure that applies the same way everywhere in Australia**.