# Long Service Leave Entitlement - Victoria

## Governing Law

The employee's long service leave entitlement is governed by **Victorian state law**, specifically the **Long Service Leave Act 2018 (Vic)**.

## Why Victorian Law Applies

Although the employer is covered by the Fair Work Act 2009 (Cth) as a national-system employer, long service leave is an area where the Fair Work Act explicitly defers to state and territory laws. Section 545 of the Fair Work Act provides that long service leave is to be dealt with under the laws of the relevant state or territory, not the national system.

Since the employee works in Victoria, **Victorian state legislation** governs their long service leave entitlement.

## Level of Government

The applicable law is made by the **Victorian State Government** (state-level legislation).