Local government is one of the most leave-complex sectors in Australia. Councils employ a diverse workforce — outdoor workers, librarians, planners, customer service staff, engineers, and seasonal workers — each potentially governed by different instruments. The Local Government Industry Award 2020 sits alongside state-specific enterprise agreements, long service leave legislation that applies to all council employees, and rostered day off provisions that are deeply embedded in local government culture.
This guide covers local government leave entitlements in 2026: the award, enterprise agreements, RDOs, long service leave, and the compliance traps that create underpayment risk across Australian councils.
Key takeaways
- The Local Government Industry Award 2020 covers many council employees, but state enterprise agreements often govern instead — always check which instrument applies.
- Full-time council employees receive 4 weeks annual leave under the NES, with 5 weeks for qualifying shiftworkers.
- 17.5% leave loading applies under most council enterprise agreements and the award.
- Rostered days off (RDOs) are a standard feature of many council employment arrangements and interact with annual leave.
- Long service leave is state-based and is one of the most significant leave entitlements for long-serving council employees.
Award vs enterprise agreement
The critical first question for any council is: which instrument governs each employee?
Local Government Industry Award 2020: Covers council employees where no enterprise agreement applies. Includes provisions for outdoor workers, clerical staff, and professional employees.
State enterprise agreements: Most councils have enterprise agreements that sit above the award, often providing enhanced leave entitlements — additional annual leave, different leave loading rates, or modified RDO arrangements.
An enterprise agreement can never provide less than the NES floor, but it can and often does provide more. Applying the award when an enterprise agreement governs creates incorrect entitlement calculations.
Annual leave
Under the NES and the Local Government Award, full-time council employees receive 4 weeks (152 hours for a 38-hour week) of paid annual leave. Many enterprise agreements provide 5 weeks or more for all full-time employees, not just shiftworkers.
Leave loading
The Local Government Award provides 17.5% leave loading on annual leave, calculated on the base rate. The “greater of” provision applies — the employee receives whichever is higher: the 17.5% loading or the penalty rates they would have earned if working.
Many council enterprise agreements provide leave loading at 17.5% or higher, and some provide it as a flat payment regardless of penalty rate comparison. Check your specific enterprise agreement.
Worked example
Mark is a council parks worker earning $28.00/hour base rate under his council’s enterprise agreement, which provides 17.5% leave loading.
- One week of annual leave base pay: 38 hours × $28.00 = $1,064.00
- Leave loading at 17.5%: $1,064.00 × 17.5% = $186.20
- Total leave pay for one week: $1,064.00 + $186.20 = $1,250.20
Rostered days off
RDOs are a defining feature of many council employment arrangements, particularly for outdoor and operational workers. The interaction between RDOs and annual leave is one of the most complex areas of local government leave compliance:
- When an employee takes annual leave and an RDO falls during that period, the employee may be entitled to an additional day of leave or payment
- This prevents employees from losing the benefit of their RDO while on annual leave
- The specific treatment depends on the applicable enterprise agreement or award clause
- Some councils credit the RDO back to the employee’s RDO balance; others pay it as an additional day
Getting the RDO-annual leave interaction wrong is one of the most common errors in council payroll. It systematically underpays employees who have structured their leave around RDO entitlements.
Personal/carer’s leave
Under the NES and the Local Government Award, full-time employees receive 10 days per year of paid personal/carer’s leave, accruing progressively and accumulating year to year. Part-time employees receive pro-rata entitlements.
Council-specific considerations:
- Many enterprise agreements provide additional personal/carer’s leave above the NES minimum
- Evidence requirements commonly include medical certificates or statutory declarations
- The employer can request evidence but must not impose excessive requirements
Casual council employees receive 2 days unpaid carer’s leave per occasion.
Compassionate leave and family leave
All council employees, including casuals, receive 2 days compassionate leave per occasion and 10 days paid family and domestic violence leave per year.
Long service leave
Long service leave is one of the most significant leave entitlements for council employees. State legislation governs, and entitlements vary:
| State | Qualification | Entitlement |
|---|---|---|
| Victoria | 7 years | 8.67 weeks; 4.33 weeks per subsequent 5 years |
| NSW | 10 years | 2 months; 1 month per subsequent 5 years |
| Queensland | 10 years | 8.67 weeks; 4.33 weeks per subsequent 5 years |
| South Australia | 10 years | 13 weeks |
Many council enterprise agreements provide long service leave above the state minimums. Some councils have custom long service leave provisions that apply after shorter qualifying periods.
For long-serving council employees, long service leave can represent a significant financial liability. Accurate tracking from the first day of employment is essential.
Common compliance traps in local government
1. Applying the award when an enterprise agreement governs
Most councils have enterprise agreements. Applying the award creates incorrect entitlements, particularly for leave loading and RDO provisions.
2. Missing RDO interactions during annual leave
The most common local government-specific error. When an RDO falls during annual leave, the employee may be entitled to an additional day. Missing this underpays systematically.
3. Incorrect long service leave tracking
Long service leave accrues from the first day of employment. For councils with employees who have 20+ years of service, the accumulated liability is significant. Inaccurate tracking creates a large financial exposure on termination or retirement.
4. Enterprise agreement vs award leave loading differences
Some enterprise agreements provide leave loading at a different rate or on a different basis than the award. Applying the award’s 17.5% when the agreement specifies differently creates errors.
5. Seasonal worker leave accrual
Councils that employ seasonal workers (lifeguards, pool staff, festival workers) must calculate leave accrual based on actual hours worked during the engagement period, not full-year rates.
Putting it into practice
Five checks cover most local government leave compliance:
- Verify whether the Local Government Award or a state enterprise agreement governs each employee.
- Track RDO interactions during annual leave periods under the applicable instrument.
- Maintain accurate long service leave records from the first day of employment.
- Check enterprise agreement leave loading provisions against the award.
- Calculate seasonal worker leave accrual based on actual hours worked.
Tracking leave entitlements across the Local Government Award and state enterprise agreements — where RDOs, long service leave, and leave loading create overlapping compliance obligations — is exactly the kind of complexity that generates payroll risk in local government. A leave management system built for Australian councils automates these calculations and flags gaps before they become underpayment claims.
Sources
- Local Government Industry Award 2020 — Fair Work Commission
- Annual leave — Fair Work Ombudsman
- Long service leave — Fair Work Ombudsman
- Sick and carer’s leave — Fair Work Ombudsman
Last updated: 26 July 2026. This article is general guidance, not legal advice. Confirm current award or enterprise agreement provisions with the Fair Work Ombudsman or an employment lawyer.
Frequently asked questions
Does the Local Government Award apply to all council employees?
Not necessarily. Many councils have enterprise agreements that sit above the award and govern employee entitlements. Always check which instrument applies — the award serves as a safety net when no enterprise agreement is in place.
How do rostered days off interact with annual leave?
When an RDO falls during an annual leave period, the employee may be entitled to an additional day of leave or payment, depending on the applicable award or enterprise agreement. This prevents employees from losing the benefit of their RDO while on leave.
Do council employees get leave loading?
The Local Government Award provides 17.5% leave loading on annual leave. Many enterprise agreements also provide leave loading, sometimes at a different rate or on a different basis. Check your specific instrument.
How much long service leave do council employees get?
Long service leave is state-based. Victoria has the lowest threshold at 7 years, while most other states require 10 years. Many council enterprise agreements provide long service leave above the state minimums.
Do casual council employees get paid sick leave?
No. Casual employees do not receive paid personal/carer’s leave. They are entitled to 2 days unpaid carer’s leave per occasion and 2 days paid compassionate leave per occasion.