# Long service leave: there is no single national entitlement

**Short answer:** No — one figure does **not** apply the same way everywhere in Australia. Even for a national system employer covered by the *Fair Work Act 2009* (Cth) (FW Act), an employee's long service leave (LSL) entitlement is worked out under the law of the **state or territory where the employee works** (or under preserved award/agreement-derived LSL terms). The qualifying period, the amount of leave and the pro-rata rules all differ by jurisdiction.

## Which level of law actually governs LSL

- LSL is listed as a National Employment Standard (NES) in the FW Act (Part 2‑2, s 113), but the NES **does not itself set a uniform national LSL entitlement**. It operates by reference:
  1. If applicable **award-derived LSL terms** exist (LSL terms from a pre-modern award as at 1 January 2010, carried into the applicable modern award), those terms apply.
  2. Otherwise (s 113(6)), the employee is entitled to LSL **in accordance with the applicable State or Territory LSL legislation**.
- So for **most employees the operative law is state/territory legislation**, not the FW Act. Enterprise agreements made on or after 1 January 2010 generally cannot exclude that state/territory law (they can only deal with LSL in limited ways, e.g. cashing out where the local statute permits).
- Overlays to watch: industry **portable LSL schemes** (building and construction schemes in each state/territory; ACT portable schemes for community services, security and cleaning; the federal Coal LSL scheme for eligible black-coal mining employees) and separate **public-sector statutes**.

## The entitlements differ by jurisdiction (FY2025‑26)

| Jurisdiction | Statute | Full entitlement | Accrual rate | Pro rata on early exit |
|---|---|---|---|---|
| NSW | *Long Service Leave Act 1955* | 8.6667 weeks (2 months) after 10 yrs; then 4.3333 wks per further 5 yrs | ~0.8667 wk/yr | After 5 yrs (resignation for illness/incapacity/domestic or pressing necessity, death, or dismissal other than for serious/wilful misconduct) |
| VIC | *Long Service Leave Act 2018* | 1 week per 60 weeks' service, takeable from 7 yrs (≈6.07 wks at 7 yrs; ≈8.67 wks at 10 yrs) | 0.8667 wk/yr | From 7 yrs, on termination for any reason |
| QLD | *Industrial Relations Act 2016* | 8.6667 weeks after 10 yrs; same rate thereafter | ~0.8667 wk/yr | After 7 yrs (except dismissal for serious misconduct) |
| SA | *Long Service Leave Act 1987* | **13 weeks** after 10 yrs; 1.3 wks/yr thereafter | 1.3 wk/yr | After 7 yrs (except dismissal for serious/wilful misconduct) |
| WA | *Long Service Leave Act 1958* | 8.6667 weeks after 10 yrs; then 4.3333 wks per further 5 yrs | ~0.8667 wk/yr | After 7 yrs (except serious misconduct etc.) |
| TAS | *Long Service Leave Act 1976* | 8.6667 weeks after 10 yrs; same rate thereafter | ~0.8667 wk/yr | After 7 yrs (except serious misconduct etc.) |
| ACT | *Long Service Leave Act 1976* | 6.066 weeks after **7 yrs**; 0.8667 wk/yr thereafter | 0.8667 wk/yr | After 5 yrs (in specified circumstances) |
| NT | *Long Service Leave Act 1981* | **13 weeks** after 10 yrs; 1.3 wks/yr thereafter | 1.3 wk/yr | After 7 yrs (in specified circumstances) |

## Working: why the numbers differ

- The common pattern (NSW, QLD, WA, TAS) is **2 months after 10 years**: 2/12 × 52 = **8.6667 weeks**, i.e. **0.8667 weeks per year** of service. VIC and ACT use the same rate expressed differently — 1 week per 60 weeks ≈ 0.8667 wk/yr — but allow the leave to be **taken from 7 years**, not 10, and the ACT gives pro rata from 5 years.
- **SA and NT are more generous**: 13 weeks after 10 years = 13 ÷ 10 = **1.3 weeks per year**.
- So two employees doing identical work in different locations accrue different leave. After 10 years' continuous service: Adelaide or Darwin → **13 weeks**; Sydney, Brisbane, Perth or Hobart → **8.6667 weeks**; Melbourne → ≈8.67 weeks but accessible from year 7; Canberra → entitlement matured at 7 years (6.066 weeks).

## Practical steps for the employer

1. **Locate the employee's employment** — the state/territory where the work is performed determines which LSL Act (or portable scheme) applies. A mobile or fly-in-fly-out workforce can mean several different regimes across one payroll.
2. **Check s 113 first**: look for award-derived LSL terms or LSL clauses in pre‑2010 agreements that are preserved; otherwise the state/territory Act governs.
3. **Apply that jurisdiction's rules** for qualifying period, accrual rate, continuous service (in most jurisdictions casual service counts), pro rata on termination, payment rate, and any cashing-out provisions — all of which also vary by location.

**Bottom line:** There is no uniform national LSL figure. The frequently quoted "8.6667 weeks after 10 years" applies in some jurisdictions but not all — SA and NT provide 13 weeks after 10 years, and VIC and the ACT provide access from 7 years. The correct entitlement always turns on the employee's location and the specific state/territory statute (or preserved award/agreement terms) that applies to them.