- 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.
All public sector employees, including casual employees, are entitled to long service leave if they have the requisite continuous employment.
A public sector employee’s entitlement may derive from the Long Service Leave Act, the Long Service Leave Conditions State Government Wages Employees General Order, or the relevant award or industrial agreement that covers the employee.
The Long Service Leave Act does not apply to public sector employees if they are 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.
Casual public sector employees who are not entitled to paid long service leave under their award or industrial agreement or whose entitlement is not at least equivalent to the entitlement to long service leave under the Long Service Leave Act are entitled to long service leave under the Long Service Leave Act. This is regardless of the casual loading paid to such employees.
While the Long Service Leave Conditions State Government Wages Employees General Order does not apply to casual public sector wages employees, an industrial instrument that incorporates the General Order may extend long service leave to them.
Public sector employees should contact the Human Resources area of their employing agency with queries regarding their long service leave entitlements.