Long service leave for this employee is governed by Victorian state law, not the Fair Work Act 2009 (Cth) and not any single national standard.

Long service leave sits in the National Employment Standards (NES) under the Fair Work Act, but the NES provision for long service leave is unusual: section 113 of the Fair Work Act does not itself set a national long service leave entitlement. Instead, it preserves whatever pre-existing long service leave entitlement applies to the employee under an applicable state or territory law (or a pre-modern award or agreement source), and that preserved entitlement continues to apply. The Fair Work Act expressly carves long service leave out of the areas it standardises, leaving it to state and territory legislation.

Because this employee works in Victoria, the law that actually fixes the accrual rate, qualifying period and payout rules is the **Long Service Leave Act 2018 (Vic)**, administered at the **state government** level (Victorian Parliament), not the Commonwealth. The employee's entitlement - how many weeks accrue, after how many years of continuous employment, and how it is calculated and paid out - is determined by that Victorian statute, even though the employee's employment is otherwise regulated by the federal Fair Work Act as a national-system employer/employee.

This is why there is no single figure that applies "nationally" for long service leave: each state and territory has its own long service leave act (or equivalent), with different qualifying periods and accrual rates, and the Fair Work Act simply defers to whichever one covers the employee's state or territory of employment. For this employee, that is Victoria's Long Service Leave Act 2018, a Victorian state law.