# response.md

**Governing law:** The employee's long service leave (LSL) entitlement is governed by **Victorian state law**, specifically the **Long Service Leave Act 2018 (Vic)**.

## Why state law applies, not the Fair Work Act

Although this employee works for a "national system employer" and is otherwise covered by the **Fair Work Act 2009 (Cth)**, the Fair Work Act does **not** set a uniform, nationwide long service leave entitlement. Long service leave is expressly carved out of the National Employment Standards (NES) in this respect.

Section 113 of the Fair Work Act preserves the operation of **state and territory long service leave laws** (and certain pre-existing instruments) for national system employees, rather than displacing them with a single Commonwealth standard. There is no single LSL figure (e.g. "X weeks after Y years") that applies uniformly across Australia — each state and territory has its own LSL statute, with different qualifying periods, accrual rates, and rules for pro-rata entitlements on termination.

## Level of government whose law applies

Because this employee works in **Victoria**, the relevant law is **Victorian state legislation** — the *Long Service Leave Act 2018 (Vic)*. This Act sets out:

- the qualifying period of continuous employment (generally 7 years for a pro-rata entitlement on termination in defined circumstances, and a full entitlement typically accruing after 7 years of continuous service, with further leave accruing for each additional year of service thereafter, subject to the Act's specific provisions);
- how continuous employment is calculated (including treatment of certain leave, transfers of business, and periods of unpaid leave);
- how the entitlement is paid out, including on resignation, redundancy, or death of the employee.

The **level of government** with authority over this entitlement is the **State Government of Victoria**, exercising its residual legislative power over long service leave — a field not covered by the Commonwealth's NES under the Fair Work Act.

## Practical implication

If this same employee were based in **New South Wales, Queensland, South Australia, Western Australia, Tasmania, the ACT, or the Northern Territory**, a different state or territory LSL Act would apply instead, each with its own qualifying periods and accrual formulas. There is **no single Commonwealth LSL entitlement** that overrides this state-by-state structure for ordinary national system employees — the Fair Work Act simply preserves whichever state or territory law would otherwise apply based on where the employee is employed.