# Long service leave for a Victorian employee of a national system employer

## Which law governs

The employee's long service leave (LSL) is governed by **Victorian state law — the Long Service Leave Act 2018 (Vic)** — not by a uniform national standard.

The level of government whose law applies here is the **State of Victoria (state/territory level), not the Commonwealth**.

## Why state law applies, even under the Fair Work Act

Although the employee is covered by the **Fair Work Act 2009 (Cth)**, that Act does **not** set a single national LSL entitlement:

- **Section 113 of the Fair Work Act** (the LSL standard in the National Employment Standards) is effectively a placeholder. Where there is no applicable award- or agreement-derived LSL entitlement, the employee's LSL entitlement is the one provided by the **applicable State or Territory LSL law** — here, the Victorian Act.
- **Section 27(2)(d) of the Fair Work Act** expressly preserves State and Territory laws dealing with long service leave. The Commonwealth Act therefore leaves LSL to each jurisdiction, which is why LSL entitlements differ across Australia and why there is **no single national LSL figure**.

## The Victorian entitlement (FY2025–26)

Under the Long Service Leave Act 2018 (Vic):

- **8.6667 weeks** (≈ 8.67 weeks, i.e. 6.1 weeks per 7 years equivalent, conventionally stated as ~8.67 weeks after 10 years) of paid long service leave after **10 years of continuous employment** with one employer.
- Leave **accrues progressively at about 0.8667 weeks per completed year** of service.
- A **pro rata entitlement arises after 7 years** of continuous service — payable on termination in certain circumstances, and leave may be taken after 7 years by agreement with the employer.
- Continuous service can include certain absences and, in some cases, service across changes of business ownership or associated entities.
- Separate **portable long service** schemes apply in specific Victorian industries (e.g. construction, community services, contract cleaning, security) under the **Long Service Benefits Portability Act 2018 (Vic)**.

## Bottom line

For this employee, LSL is worked out under the **Long Service Leave Act 2018 (Vic)** — a law of the **Victorian State Government** — because the Fair Work Act 2009 (Cth) (ss 113 and 27(2)(d)) defers to and preserves state and territory LSL laws rather than imposing one national standard.