Long service leave for most national-system employees under the Fair Work Act 2009 (Cth) is governed by state and territory legislation, not the federal Act itself. The Fair Work Act preserves pre-existing long service leave entitlements arising under applicable state or territory laws (or awards/agreements), but it does not create or impose any uniform national standard.

There is no uniform figure that applies the same way across the whole country. Instead, how an employee's long service leave entitlement is worked out turns on the employee's location: the applicable state or territory long service leave Act (or equivalent) must be used, as the qualifying periods, accrual rates, payment rules, and other conditions differ by jurisdiction. The employer must therefore identify the law of the state or territory where the work is performed for each employee.