# Long Service Leave Entitlement - Victoria

## Governing Law

The employee's long service leave entitlement is governed by **Victorian state legislation**, specifically the **Long Service Leave Act 2018 (Vic)**, even though the employee is covered by the Fair Work Act 2009 (Cth).

This is a **state-level** jurisdiction matter.

## Why State Law Applies

While the employer is a national-system employer covered by the Fair Work Act 2009 (Cth) at the federal level, long service leave is an area where **state laws apply** rather than federal law. The Fair Work Act creates a patchwork where:

- Minimum National Employment Standards in the NES cover some entitlements (annual leave, personal/carers leave, etc.)
- Long service leave is expressly **excluded** from the National Employment Standards in the Fair Work Act 2009

The Fair Work Act permits each state and territory to legislate on long service leave for their own employees. For Victoria, this means:

- The **Long Service Leave Act 2018 (Vic)** is the governing legislation
- Victorian regulation applies to an employee working in Victoria, regardless of whether the employer operates nationally

## Which Government Level

**The Victorian State Government** (through state legislation) is the level of government whose law applies.

Long service leave in Australia is determined at the **state and territory level**, not nationally. Each jurisdiction has its own entitlements, accrual periods, and conditions:

- Victoria: Long Service Leave Act 2018 (Vic)
- New South Wales: Long Service Leave Act 1955 (NSW)
- Queensland: Long Service Leave Act 1958 (Qld)
- And similarly for WA, SA, Tasmania, NT, and ACT

## Conclusion

The employee's long service leave entitlement is calculated under **Victorian state law**. The fact that their employer is a national-system employer means they fall under the Fair Work Act for other minimum entitlements, but long service leave is specifically carved out and governed instead by their state of employment—Victoria—through the state government's Long Service Leave Act 2018.