Our FAQ
What long service leave rules apply in Victoria?
Victorian long service leave is governed by the Long Service Leave Act 2018. Leave accrues continuously from the first day of employment at a rate of one week for every 60 weeks of service, which works out to roughly 0.87 weeks per year. Employees can access their accrued leave after seven years of continuous service, which gives them approximately 6.07 weeks at that point. Pro-rata payout is generally available if employment ends after seven years, except in cases of serious and wilful misconduct. The continuous accrual model means there's no lump sum that suddenly appears at a milestone, which can make tracking and calculating entitlements more complex for employers. If you need help working out what an employee is owed, we can walk you through it.
What should Victorian employers do before terminating an employee?
You need a valid reason, whether that's genuine redundancy, serious misconduct, or documented underperformance with a fair process behind it. Procedural fairness means the employee must be told the reason, given a chance to respond, and allowed to have a support person present. You also need to calculate the correct notice period under the relevant modern award and account for all accrued entitlements including long service leave. Small business employers under the national system have a separate unfair dismissal code with its own checklist. We help Victorian employers work through the correct process before making a final decision.
How do Victorian employers work out which award applies?
Award coverage is determined by the work an employee actually performs, not their job title. An employee doing mostly administrative work is likely covered by the Clerks Private Sector Award regardless of what their contract says. Many Victorian businesses operate across multiple awards, which means different pay rates, penalty structures and entitlements for different roles in the same workplace. Applying the wrong award to a role is one of the most common causes of underpayment claims. If you're unsure which award applies, we can help you match duties to the correct classification.
Why does Victoria have different safety laws to other states?
Victoria is the only Australian state that has not adopted the harmonised Work Health and Safety Act that other jurisdictions use. Instead, Victorian employers operate under the Occupational Health and Safety Act 2004, which has its own terminology, obligations and enforcement framework. WorkSafe Victoria administers both the OHS Act and the state's WorkCover workers' compensation scheme, meaning the same regulator handles safety enforcement and injury claims. Penalties for serious breaches are significant, and since 2021, employers cannot use insurance to cover OHS fines. If you're unsure about your obligations under the OHS Act, we can help you understand what applies.
Can a Victorian employer dismiss someone for misconduct without warnings?
Summary dismissal, meaning termination without notice, is reserved for serious misconduct such as theft, fraud, assault or a serious safety breach. The conduct has to be severe enough to fundamentally break down the employment relationship. Even in those situations, you still need to investigate properly, put the allegation to the employee, give them an opportunity to respond and keep records of every step. If the misconduct doesn't meet the serious misconduct threshold, a formal warnings process is required before termination becomes an option. We can help you assess whether summary dismissal is appropriate.
Do employers need to pay penalty rates on AFL Grand Final Friday and Melbourne Cup Day?
Both AFL Grand Final Friday and Melbourne Cup Day are public holidays in Victoria, and no other state observes them. Employees who work on either day are generally entitled to penalty rates under their award, typically 225% or 250% of their base rate depending on the award and employment type. Some regional councils substitute Melbourne Cup Day for an alternative local holiday, so the date your staff are entitled to can vary depending on where your business operates. Part-time and casual entitlements also differ. If you have staff working on these days, it's worth confirming the correct rates under your award.
How should Victorian employers handle a Fair Work Commission claim?
When an employee lodges an unfair dismissal or general protections claim, you'll generally have 7 to 21 days to file a response depending on the claim type. The Commission typically schedules a conciliation conference first to try to resolve the matter before it reaches a hearing. Having your documentation ready, including the termination letter, any warning records, investigation notes and relevant correspondence, gives you the strongest position going in. We help Victorian employers prepare their response and understand what to expect at each stage.
