## Long Service Leave for National System Employers

### Which law governs?

Despite being covered by the Fair Work Act 2009 (Cth) for other employment conditions, **long service leave (LSL) is not a National Employment Standard**. The Fair Work Act does not contain a uniform federal LSL entitlement. Instead, LSL is governed by **state and territory legislation**, and the specific law that applies depends on where the employee is based (ordinarily the state or territory in which they perform their work).

For most employees of a national system employer, the applicable LSL law is whichever state or territory long service leave Act covers their work location - not a single federal rule.

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### No uniform national figure

There is no single LSL entitlement that applies the same way across Australia. The key variables - qualifying period, quantum of leave, and accrual rate - differ by jurisdiction:

| Jurisdiction | Qualifying period | Leave quantum |
|---|---|---|
| New South Wales | 10 years | 2 months (pro rata on termination after 5 years in some cases) |
| Victoria | 7 years | ~6.067 weeks (1/60th of service) |
| Queensland | 10 years | ~8.667 weeks (1/60th of ordinary hours beyond 10 years) |
| Western Australia | 10 years | ~8.667 weeks (1/60th of continuous employment) |
| South Australia | 10 years | ~13 weeks |
| Tasmania | 10 years | ~13 weeks |
| Australian Capital Territory | 7 years | ~6.067 weeks (1/60th of service) |
| Northern Territory | 10 years | ~13 weeks |

(Figures are approximate general rules; the detailed accrual rates, pro rata termination rules, and exceptions vary within each Act.)

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### How to work it out

1. **Identify the governing state/territory Act** for the employee based on where they perform their work.
2. **Check the qualifying period** under that Act - ranging from 7 years (Vic, ACT) to 10 years (most others).
3. **Calculate the leave entitlement** using that Act's accrual formula (commonly expressed as a fraction of total continuous service, e.g. 1/60th in Victoria).
4. **Apply the specific rules** in that Act for payment, taking leave, portability, and what breaks continuity of employment.

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### Practical consequence

An employer operating nationally cannot apply a single LSL policy figure uniformly. An employee in Victoria reaches their entitlement after 7 years; an equivalent employee doing the same role in New South Wales must wait 10 years. The quantum of leave also differs. Each employment relationship must be assessed under the law of the state or territory where that employee works.

In short: **state and territory Acts govern LSL for national system employees, and the entitlement varies materially by location. There is no single national LSL figure.**