## Governing jurisdiction

The relevant jurisdiction is **the State of Victoria**. Unless a specific industrial instrument or industry scheme applies, the employee’s entitlement is governed by the **Long Service Leave Act 2018 (Vic)**, enacted by the Victorian Parliament. It is **State law**, not a uniform Commonwealth entitlement.

Coverage by the **Fair Work Act 2009 (Cth)** does not create a single national long service leave rate. Section 113 preserves certain award-derived entitlements, while State and Territory long service leave laws continue to operate for national-system employees.

Under the general Victorian Act:

- long service leave can ordinarily be taken after at least **7 years’ continuous employment** with the employer; and
- accrued leave is **1/60th of the employee’s continuous employment**, less leave already taken—equivalent to one week for every 60 weeks of service (approximately 6.1 weeks after seven years).

An applicable federal award or agreement, another Victorian statute, or an industry portable long service leave scheme may provide the governing entitlement instead. If none applies, the **Victorian State regime** governs.