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

Read the relevant sections below for detailed information.

You can find links to other information on long service leave on our main Long service leave page.

Who is covered by the Long Service Leave Act?

• Western Australian private sector employees ( subject to the exclusions listed below in the Who is not covered by the Long Service Leave Act section ).
• Western Australian employees covered by national modern awards (subject to the exclusions listed below in the Who is not covered by the Long Service Leave Act section ).
• Full time, part time, casual and seasonal employees.
• Apprentices and trainees.
• Full time, part time or casual 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 (see the State public sector employees section below) .

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 of WA local government authorities, as these employees are covered by the Local Government (Long Service Leave) Regulations. For specific queries regarding the Local Government (Long Service Leave) Regulations, contact the human resources area of your local government, or your union representative. Employees covered by a state industrial agreement should check whether the agreement contains any more favourable long service leave provisions that supplement the Local Government (Long Service Leave) Regulations.
  • 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.
    
  • National system employees who were previously covered by specific federal registered agreements made before 1 January 2010, and who had fully accrued a long service leave entitlement under such an agreement before 7 December 2023.
    
  • National system employees who are covered by an enterprise agreement made after 1 January 2010 which provides for long service leave.
    

  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.

  State public sector employees

  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.

  Construction industry employees

  Many employees working in the construction industry 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.

  Local government employees

  The long service leave entitlements for most local government employees in WA come from the Local Government (Long Service Leave) Regulations, rather than the Long Service Leave Act.

  For specific queries regarding the Local Government (Long Service Leave) Regulations, contact the human resources area of your local government, or your union representative. Employees covered by a state industrial agreement should check whether the agreement contains any more favourable long service leave provisions that supplement the Local Government (Long Service Leave) Regulations.

  Last modified: Monday, June 10, 2024 - 14:45