Unlike most statutory work entitlements which for the majority of Australian employees are governed by the national fair work system, long service leave entitlements derive from State legislation. In Western Australia, this is the Long Service Leave Act 1958.
The qualifying period for long service leave in WA is 10 years when continuous service will entitle the employee to 8 2/3rds weeks paid leave. Pro rata long service leave is payable after 7 years of continuous service; see sec 8(3).
Service with an employer must be continuous with that employer, (referred to in the Act as service with one and the same employer) except where there is a transmission of business, in which service with the first employer will count as service with the second employer. In Western Australia overseas service with related entities will not count as service with a Western Australian employer. This varies state by state.