Long service leave - Who is covered by the Long Service Leave Act?

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This page outlines who is covered by the Long Service Leave Act 1958 (WA).  For more information on the Long Service Leave Act see the main Long Service Leave page.

Who is covered by the Long Service Leave Act? 

  • Western Australian private sector employees (subject to the exclusions below).
  • Western Australian employees covered by national modern awards (subject to the exclusions below).
  • Full time, part time, casual and seasonal employees.
  • Apprentices and trainees.
  • Most casual employees in the WA State public sector.
  • Full time or part time employees in the WA State public sector who are not entitled to long service leave in their award or agreement that is at least equivalent to long service leave in the Long Service Leave Act.

Who is not covered by the Long Service Leave Act? 

  • An employee who, under:
    • an award;
    • an industrial agreement;
    • an employer-employee agreement;
    • an agreement between the person and their employer;
    • a State, Territory or Commonwealth statute,

is entitled to, or eligible to become entitled to, long service leave that is at least equivalent to the long service leave entitlement under the Long Service Leave Act. 

  • Employees in the construction industry. The Construction Industry Portable Paid Long Service Leave Act 1985 (WA) covers employers and employees in the construction industry. MyLeave administers this scheme - visit www.myleave.wa.gov.au for information. 
  • National system employees who have long service entitlements in a federal pre-modern award that would have covered the employer and its employees before 1 January 2010, or, in some circumstances, employees covered by a federal registered agreement.

If a pre-modern award may have covered you, please contact the Fair Work Ombudsman on 13 13 94 or via www.fairwork.gov.au to check whether a pre-modern award containing long service leave provisions applied.  If a federal registered agreement covers you, access a copy of the agreement in your workplace or contact the Fair Work Ombudsman.   

The long service leave page on the Fair Work Ombudsman website www.fairwork.gov.au provides information on the process for contacting the Fair Work Ombudsman and checking long service leave entitlements. 

If the Fair Work Ombudsman advises that the State Long Service Leave Act applies to the employee, rather than any pre-modern award or federal agreement, please refer to the information on this website on the Long Service Leave Act or contact Wageline on 1300 655 266. 

State public sector employees 

Full time and part time State public sector employees

Most full time and part time State public sector employees are entitled to long service leave under their award or industrial agreement.

The Long Service Leave Act does not apply to such an employee if they are entitled to, or eligible to become entitled to, long service leave under their award or industrial agreement that is at least equivalent to the entitlement to long service leave under the Long Service Leave Act.

Long Service Leave Conditions State Government Wages Employees General Order

The Long Service Leave Conditions State Government Wages Employees General Order No. 763 of 1982 provides long service leave to full time and part time State Government wages employees employed by a public authority.

The General Order is available on the Western Australian Industrial Relations Commission website here.

Some State public sector awards and agreements incorporate the General Order.

Casual State public sector employees 

The majority of State Government awards and industrial agreements do not provide paid long service leave to casual public sector employees.

The Long Service Leave Conditions State Government Wages Employees General Order also does not provide paid long service leave to casual public sector wages employees.

Casual public sector employees who:

  • are not entitled to paid long service leave under their award or industrial agreement, are entitled to long service leave under the Long Service Leave Act. This is regardless of the casual loading paid to such employees
  • are entitled to paid long service leave under their award or industrial agreement and that entitlement is at least equivalent to the entitlement to long service leave under the Long Service Leave Act, are not entitled to long service leave under the Long Service Leave Act.

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