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Long Service Leave and Pro-rata Calculations

Australia's approach to long service leave (LSL) involves a mix of state, territory, and federal laws, which can vary significantly in terms of eligibility, accrual rates, and entitlements. Notably, long service leave is primarily governed by state and territory legislation, rather than the Fair Work Act 2009. However, the National Employment Standards (NES) under the Fair Work Act provide a safety net of minimum employment conditions, including some aspects relevant to long service leave for employees who aren't covered by state or territory laws.


Here's a breakdown of long service leave entitlements across different Australian jurisdictions:


New South Wales

- Governing Legislation: Long Service Leave Act 1955 (NSW)

- Accrual Rate: 2 months of leave after 10 years of service, and 1 month for each subsequent 5 years.

- Pro-rata Entitlement: After 5 years of service, under certain conditions like redundancy.

Victoria

- Governing Legislation: Long Service Leave Act 2018 (VIC)

- Accrual Rate: Entitlement is 1 week of leave for every 60 weeks worked (approximately 8.67 weeks for 10 years).

- Pro-rata Entitlement: After 7 years of service, regardless of the reason for termination.

Queensland

- Governing Legislation: Industrial Relations Act 2016 (QLD)

- Accrual Rate: 8.6667 weeks of leave after 10 years of service, and 4.3333 weeks for each subsequent 5 years.

- Pro-rata Entitlement: Generally available after 7 years of service, under certain conditions.


Western Australia

- Governing Legislation: Long Service Leave Act 1958 (WA)

- Accrual Rate: 8.6667 weeks after 10 years, and 4.3333 weeks for each subsequent 5 years of service.

- Pro-rata Entitlement: After 7 years of continuous service, under certain conditions.


South Australia

- Governing Legislation: Long Service Leave Act 1987 (SA)

- Accrual Rate: 13 weeks for 10 years of service, with pro-rata after 7 years.

- Pro-rata Entitlement: Available after 7 years of continuous service.


Tasmania

- Governing Legislation: Long Service Leave Act 1976 (TAS)

- Accrual Rate: The entitlement is 8.67 weeks after 10 years of service.

- Pro-rata Entitlement: Available after 10 years, with some exceptions allowing for earlier entitlements.


Australian Capital Territory

- Governing Legislation: Long Service Leave Act 1976 (ACT)

- Accrual Rate: 6.0667 weeks for the first 10 years and 4.3333 weeks for each subsequent 5 years.

- Pro-rata Entitlement: After 7 years of continuous service, in certain circumstances.


Northern Territory

- Governing Legislation: Long Service Leave Act 1981 (NT)

- Accrual Rate: 13 weeks for the first 10 years of service, with additional entitlements accruing thereafter.

- Pro-rata Entitlement: Available after 7 years of continuous service, under specific conditions.


Fair Work Act 2009

While the Fair Work Act 2009 (Cth) sets the National Employment Standards (NES), it references long service leave only to the extent that it preserves existing state and territory entitlements and clarifies that an employee's entitlement under those laws is not affected by the NES. The Fair Work Ombudsman provides guidance on long service leave based on state and territory laws, as the specifics of long service leave entitlements are determined by the local legislation rather than by the Fair Work Act itself.


For detailed provisions, including the conditions under which pro-rata long service leave may be paid and the specific rates of accrual, it is necessary to refer directly to the legislation of the relevant state or territory.

Please remember, the above information serves as a general guide, and for specific cases or detailed queries, consulting the legislation directly or seeking legal advice is recommended.

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