When it comes to workplace compliance, legislative requirements can vary significantly between states and territories. Whether you’re operating in New South Wales, Victoria, Queensland, or beyond, understanding the unique legal frameworks of each region is critical to ensuring your business remains compliant. At LMHR, we specialize in simplifying this complexity, offering expert guidance tailored to the specific legislative landscape of every state across Australia

Our Expertise Across Australia

At LMHR, we pride ourselves on staying ahead of legislative updates across the country. Our team continuously monitors legal changes to ensure our clients have accurate, up-to-date compliance strategies in place. From award interpretations to workplace health and safety requirements, we help businesses navigate:

Understanding Long Service Leave

The majority of employers in Australia fall under the federal Fair Work Act 2009 (Cth) which sets out the minimum terms and conditions of employment for many employees. With that being said, each state has specific long service leave legislation applicable to employment that must be adhered to in conjunction with the Fair Work Act 2009 (Cth).

Below is a summary of the long service leave legislation in each state/territory. Please note, some employers may fall under federal pre-modern award, in this case the long service leave entitlements would be derived from this award. In addition to this, in some states/territories some industries (community services, building and construction, security, coal mining and contract cleaning industries) have access to portable long service leave. Portable long service leave means that an employee can work with different employers in the same industry, but keep their long service leave entitlement. For further information regarding this, visit AusLeave.

New South Wales (NSW)

In NSW, long service leave is governed by the Long Service Leave Act 1955. Employees are entitled to 2 months (8.67 weeks) of leave after 10 years of continuous service, with pro-rata entitlements for periods between 5 and 10 years under certain conditions. Additional leave accrues for service beyond the initial 10 years.

Victoria

Victoria’s long service leave regulations are outlined in the Long Service Leave Act 2018. Employees are entitled to 1 week of leave for every 60 weeks of continuous service, which equates to approximately 8.66 weeks after 10 years. The Act also allows leave to be taken after 7 years of service with pro-rata entitlements.

Queensland

The Industrial Relations Act 2016 governs long service leave in Queensland. Employees are entitled to 8.67 weeks of leave after 10 years of continuous service, with pro-rata payments applicable after 7 years in cases of termination due to resignation, redundancy, or other qualifying reasons.

Western Australia (WA)

In WA, long service leave is regulated by the Long Service Leave Act 1958. Employees are entitled to 8.67 weeks of leave after 10 years of continuous service, with additional leave accruing for each subsequent 5 years of service. Pro-rata entitlements may apply for service between 7 and 10 years under certain conditions.

South Australia (SA)

The Long Service Leave Act 1987 governs long service leave in South Australia. Employees are entitled to 13 weeks of leave after 10 years of continuous service, with pro-rata entitlements available for service exceeding 7 years in cases of termination.

Tasmania

Tasmanian long service leave is regulated by the Long Service Leave Act 1976. Employees are entitled to 8.67 weeks of leave for 10 years of service. Pro-rata entitlements may apply after 7 years for qualifying circumstances such as termination of employment.

Australian Capital Territory (ACT)

The ACT’s long service leave provisions are covered under the Long Service Leave Act 1976. Employees are entitled to 6.066 weeks of leave for each 7 years of continuous service. The Act also provides pro-rata entitlements for service below 7 years under certain circumstances.

Northern Territory (NT)

In the NT, long service leave is governed by the Long Service Leave Act 1981. Employees are entitled to 13 weeks of leave after 10 years of service, with pro-rata entitlements applying after 7 years in qualifying situations such as termination.

Need help with determining what long service leave entitlements apply at your workplace? Reach out to the team at LMHR to support.