Long service leave for most employees in Australia is governed by **state and territory legislation**, not the Fair Work Act 2009 (Cth) or a single national standard.

## Key Points

### 1. No Uniform National Entitlement

There is **no single long service leave entitlement that applies the same way across all of Australia**. The applicable law, accrual rate, and qualifying period depend on where the employee works.

### 2. What Actually Governs Long Service Leave

For most national-system employees, long service leave is determined by:

- **State and territory long service leave laws** (the predominant source)
- **Pre-modern awards** (transitional provisions)
- **Enterprise agreements** that incorporate specific terms
- **Applicable modern awards** (limited coverage for long service leave)

The Fair Work Act 2009 (Cth) itself does **not** contain a comprehensive long service leave entitlement for most employees. Division 9 of Part 2-2 of the Fair Work Act only provides long service leave for certain employees in specific circumstances (primarily those transitioning from earlier federal systems), but this does not cover the majority of the workforce.

### 3. Variation by Jurisdiction

Each state and territory has its own long service leave Act, with significant differences:

| Jurisdiction | Typical Qualifying Period | Typical Entitlement |
|-------------|---------------------------|---------------------|
| New South Wales | 10 years | 2 months (8.67 weeks) |
| Victoria | 10 years | 2 months (8.67 weeks) |
| Queensland | 10 years | 8.67 weeks |
| Western Australia | 10 years | 8.67 weeks |
| South Australia | 10 years | 13 weeks |
| Tasmania | 10 years | 8.67 weeks |
| Australian Capital Territory | 10 years | 8.67 weeks |
| Northern Territory | 10 years | 13 weeks |

Key variations include:
- **Pro-rata entitlements** after 7 years in some jurisdictions (e.g., NSW, ACT) versus only upon termination in others
- **Continuous service requirements** and how breaks are treated
- **Casual and seasonal employee coverage**
- **Portable long service leave schemes** in construction and related industries (operating in NSW, Victoria, Queensland, ACT, and Tasmania)

### 4. The Answer Turns on Location

To determine an employee's long service leave entitlement, the employer must identify:

1. **Which state or territory's long service leave legislation applies** (typically where the employee performs work)
2. **Whether a portable long service leave scheme applies** (industry-specific)
3. **Whether any applicable award or enterprise agreement modifies the statutory entitlement**

### 5. Constitutional Basis

Long service leave remained predominantly a **state and territory responsibility** because industrial relations powers under the Australian Constitution (section 51(xxxv)) were historically interpreted as supporting federal arbitration of interstate disputes, while states retained residual authority over intrastate matters. Although the Fair Work Act expanded federal coverage from 2009, long service leave was largely left to state and territory systems due to established frameworks and the complexity of harmonising longstanding different schemes.

## Conclusion

The employer must apply the **specific state or territory long service leave legislation** applicable to the employee's place of work. There is no uniform national figure. The Fair Work Act 2009 (Cth) does not provide a standard long service leave entitlement for most national-system employees—state and territory laws remain the governing level.