- 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 working in the construction industry who are covered by the Construction Industry Portable Paid Long Service Leave Act 1985 (WA). MyLeave is the organisation that 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 who are covered by specific federal registered agreements made before 1 January 2010.
Important information for national system employees
For national system employees, the long service leave page on the Fair Work Ombudsman website provides information on the process for contacting the Fair Work Ombudsman and checking long service leave entitlements. You can also contact the Fair Work Ombudsman on 13 13 94.
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, then the information on this website about the state Long Service Leave Act will apply.
If a national system employee is covered by the state Long Service Leave Act, then any long service leave provisions in an enterprise agreement made on or after 1 January 2010 will be subject to the state Long Service Leave Act. This means that the state Long Service Leave Act will prevail over a long service leave provision in an enterprise agreement where that provision is less beneficial than the state Long Service Leave Act.
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.