# Long Service Leave Entitlements Under Australian Law

## Governing Law

Long service leave for most employees is **not** governed by the Fair Work Act 2009 (Cth) at the national level. Instead, it is primarily governed by **state and territory legislation**. Each state and territory has its own long service leave laws that apply to employees working within their jurisdiction.

The Fair Work Act contains only limited provisions relating to long service leave (primarily in Part 2-2, Division 13), which apply only to a narrow class of employees in constitutional corporations. For the vast majority of employees, their entitlements are determined by their state or territory of employment.

## No Uniform National Figure

There is **no single long service leave entitlement that applies uniformly across Australia**. The entitlement varies significantly depending on the employee's location:

- **New South Wales**: 10 weeks after 10 years of service (under the Long Service Leave Act 1955)
- **Victoria**: 13 weeks after 10 years of service (under the Long Service Leave Act 2018)
- **Queensland**: 13 weeks after 10 years of service (under the Long Service Leave Act 1988)
- **Western Australia**: 13 weeks after 10 years of service (under the Long Service Leave Act 1958)
- **South Australia**: 13 weeks after 10 years of service (under the Long Service Leave Act 1987)
- **Tasmania**: 13 weeks after 10 years of service (under the Long Service Leave Act 1951)
- **Australian Capital Territory**: 13 weeks after 10 years of service (under the Long Service Leave Act 2009)
- **Northern Territory**: 13 weeks after 10 years of service (under the Long Service Leave Act)

## Conclusion

An employer must determine the applicable long service leave entitlement by reference to the **state or territory where the employee is based or performs work**, not by applying a national standard.