Skip to content
Book Keeping Pros home

Long service leave when a business is sold in Victoria

Victoria's Act carries an employee's service over to a new owner when employment continues after a change of ownership, and the new owner must give leave that accrued before the change, even where the business changed hands before the Act began. The rule also reaches a new employer who takes over the assets an employee works with, and an employee dismissed by the old owner keeps their service if the new owner hires them within the weeks shown in the table.

  • By Book Keeping Pros
  • Sources checked 15 Oct 2026

The rules in Victoria

Long service leave when a business is sold in Victoria
What it isValueWhen it appliesWhere it is set
Service with the old owner counts with the new owner when employment continuesYesAs published on 12 December 2025s 11(3)(a): change of ownership of a business
The new owner must give leave that accrued before the change of ownershipYesAs published on 12 December 2025s 11(3)(b): new owner must not refuse long service leave
The rule applies even if the business changed hands before the Act beganYesAs published on 12 December 2025s 11(4): change of ownership before or after commencement
Weeks after dismissal by the old owner within which hire by the new owner keeps service12 weeksAs published on 12 December 2025s 11(5): dismissal and re-employment by a new owner
Service continues with a new employer who takes over the assets the employee works withYesAs published on 12 December 2025s 11(6): transfer of business assets
A break caused by a transfer of the assets the employee works with counts as serviceYesAs published on 12 December 2025s 13(1)(e)(ii): absence from a transfer of assets
Sale of business documents can exclude an employee's long service leaveNoAs published on 12 December 2025FAQ: What happens when a business changes hands?

Each rule is read from the source and provision shown; the sources are listed below. Checked 15 Oct 2026.

What it means for your books

  • Taking on the employee records from the old owner at the change, with each continuing employee's start date, gives the new owner the service history that the leave accrued before the change rests on.
  • Where the old owner dismisses employees and the new owner hires them, the dates of each, kept side by side, show whether the gap falls within the weeks in the table.
  • When a new employer takes over the assets an employee works with, the date the assets moved and the dates the employee stopped and started work show the break the transfer caused, which the Act counts as service.
  • Sale documents cannot exclude an employee's long service leave in Victoria, so records from earlier owners stay relevant after the sale. Questions about a particular sale go to your accountant or Workforce Inspectorate Victoria.

General information

This page is general information about long service leave when a business is sold in Victoria. It does not say whether the rules apply to a particular business. Workforce Inspectorate Victoria administers them, and its page is listed in the sources. Check the official pages before acting. Sources checked 15 October 2026.

Sources

  1. Long Service Leave Act 2018 (Vic), Authorised Version No. 006

    Office of the Chief Parliamentary Counsel Victoria. Authorised Version No. 006, as at 12 December 2025, released 12 December 2025. Checked 15 October 2026.

    © State of Victoria (Government Printer) Licence: Victorian Legislation copyright notice: copyright, State of Victoria.

  2. Long service leave

    Workforce Inspectorate Victoria. Page updated 12 December 2025, released 12 December 2025. Checked 15 October 2026.

    © State Government of Victoria, licensed under CC BY 4.0 Licence: CC BY 4.0.

Bookkeeping for employers

Keep your books ready for the questions employers get asked

We look after day-to-day bookkeeping for businesses across Australia, so your records are up to date when you need them.

Get a quote