AT794071 - Queensland Local Government Officers' Award 1998 [Transitional]

6. EXECUTIVE OFFICERS

6.1 Salary packaging

The rates of pay set out in clause 6.2 shall apply to Executive Officers. The salary rates prescribed herein for Executive Officers may be taken by means other than money by an arrangement that complies with current taxation rules. Further, the terms and conditions of such package shall not, when viewed objectively, be less favourable than the entitlements otherwise available under this award and shall be subject to the following provisions:

6.1.1 The agreement, the terms and conditions of which shall be in writing and signed by both the employer and employee, shall detail the components of the total remuneration package for the purpose of this agreement and for the purpose of complying with this award;

6.1.2 A copy of the agreement shall be made available to the employee;

6.1.3 The configuration of the remuneration package shall remain in force for the period agreed between the employer and employee;

6.1.4 Where at the end of the agreed period, the full amount allocated to a specific benefit has not been utilised by agreement between the employer and the employee, any unused amount may be carried forward to the next period or paid as salary which will be subject to the usual taxation requirements;

6.1.5 The salary for superannuation purposes shall be the salary as provided in clause 6.2.

6.1.6 Where applicable the salary package shall include the locality allowance as provided for in clause 12.1.

6.2 Executive salary scale

[6.2.1 varied by S9580 T1100; substituted by PR909784 PR921747 PR939202 PR951718; varied by PR962402 PR975324 PR978348; PR983894 ppc 01Oct08]

6.2.1 The following salary scale will apply to Executive Officers as defined within this clause:

Council Category	Chief Executive Officer	Director of Engineering Services	Deputy Chief Executive Officer/Deputy Director of Engineering Services/ Qualified Accountant	Department Head
	$	$	$	$
8	112,598	110,598	89,691	74,238
	110,551	108,591	88,103	72,960
	108,503	106,583	86,516	71,683
7	106,465	104,576	84,928	70,405
	104,407	102,568	83,340	69,128
	102,360	100,561	81,752	67,950
6	100,312	98,553	80,165	66,573
	98,265	96,546	78,577	65,295
	96,217	94,538	76,989	64,018
5	94,169	92,531	75,401	62,741
	92,121	90,523	73,814	61,463
	90,074	88,516	72,226	60,186
4	88,026	86,508	70,638
	85,979	84,501	69,050
	83,931	82,493	67,463
3	81,884	80,486	65,875
	79,835	78,478	64,287
	77,788	76,471	62,699
2	75,740	74,463	61,112
	73,693	72,456	59,524
	71,645	70,448	57,936
1	69,598	68,441	56,348
	67,550	66,433	54,761
	65,502	64,426	53,173

6.2.2 Department Heads in Category 1, 2, 3 and 4 Councils shall be paid in accordance with the general salary scale prescribed in clause 7 of the award under definitive criteria set out in Schedule A of the award.

6.2.3 Movement to the next higher salary point within a category will be by way of annual increment subject to the officer having given satisfactory service for the prior twelve months in accordance with the Staff Development and Appraisal system agreed to by the respondent.

6.3 Definitions

6.3.1 Chief Executive Officer

The Chief Executive Officer shall be an officer appointed as such by a Council who is required to exercise independent judgement in performing of corporate accountability requiring exceptional technical, functional, strategic, analytical resource management and personnel competencies. The Chief Executive Officer shall plan and direct diverse professional, scientific, technical, administrative and financial services and other specialised programmes requiring extensive experience in Local Government. The Chief Executive Officer shall be the corporate head of the Council's administrative organisation to whom all other parts of the organisation are ultimately accountable for the performance of the functions or programmes.

6.3.2 Director of Engineering Services

The Director of Engineering Services shall be an officer who holds a Local Government Engineer's Certificate of Queensland and is appointed as such by a Council who is totally responsible for Council's construction and maintenance works programmes including Roads, Water, Sewerage, Parks etc. The Director will be the principal decision maker and may act independently subject only to Council policy and the overriding administrative review of the Chief Executive Officer and is held finally accountable for the performance of the functions or programmes. The Director shall be responsible for planning and directing professional, scientific, administrative and technical services and other specialised programmes requiring extensive professional and managerial experience.

6.3.3 Deputy Chief Executive Officer

The Deputy Chief Executive Officer is an officer appointed as such by a Council who is required to deputise for the Chief Executive Officer. Such officer is the principal decision maker and manager of a Department comprising a number of major functions and/or programmes which occupy a significant proportion of Council resources or policy attention and may act independently subject only to Council policy and the overriding administrative and/or technical review of the Chief Executive Officer and is held finally accountable for the performance of the functions and/or programmes. The officer shall have wide latitude of exercising independent judgement and shall be required to perform work of very significant difficulty and accountability.

6.3.4 Deputy Director of Engineering Services

The Deputy Director of Engineering Services is an officer who holds a Local Government Engineer's Certificate of Queensland and is appointed as such by a Council who is required to deputise for the Director of Engineering Services. Such officer is the principal decision maker and manager of a Department comprising a number of major functions and/or programmes which occupy a significant proportion of Council resources and/or policy attention and may act independently subject only to Council policy and the overriding administrative and/or technical review of the Chief Executive Officer and/or Director of Engineering Services and is held finally accountable for the performance of the functions and/or programmes. The officer shall have wide latitude of exercising independent judgement and shall be required to perform work of very significant difficulty and accountability.

6.3.5 Qualified Accountant

A Qualified Accountant is an officer who holds the Local Government Clerks Certificate or academic qualifications acceptable for admission to the ASPCA and/or the Chartered Institute of Accountants who is appointed as such by a Council and is required to oversee the entire financial management of the Local Authority. Such officer would be the principal decision maker and manager of a Department comprising a number of major functions and/or programmes which occupy a significant proportion of Council resources or policy attention and may act independently subject only to Council policy and the overriding administrative and/or technical review of the Chief Executive Officer and is held finally accountable for the performance of the functions and/or programmes. The officer shall have wide latitude of exercising independent judgment and shall be required to perform work of very significant difficulty and accountability.

6.3.6 Department Head

A Department Head is an officer appointed as such by a Council who is the principal decision maker and manager of a Department comprising a major function or programme which occupies a significant proportion of Council resources and/or policy attention and may act independently subject only to Council policy and the overriding administrative review of the Chief Executive Officer and is held finally accountable for the performance of the function or program.

6.4 Council category determination formula

The Council category used for Executive Officer salary purpose shall be determined using the following scoring table:

Cumulative Score from Net Expenditure (6.4.2) Employee Levels (6.4.3) Separately Valued Properties (6.4.4)			Council Category
3	-	5	1
5.5	-	7.5	2
8	-	10	3
10.5	-	12.5	4
13	-	15	5
15.5	-	17.5	6
18	-	20	7
20.5	-	and above	8

Each Council shall determine its category at the end of each financial year and adjust Executive Officers' salaries accordingly and such adjusted salaries shall be operative from 1 August following such review.

6.4.2 Net expenditure

[6.4.2 substituted by T3641 from 02Sep99]

Net expenditure is the figure derived from Operating Expenditure plus Capital Expenditure less depreciation as contained in the Operating and Capital Funding Statements respectively, of the audited financial statements of the Council. Those figures are required to be compiled in accordance with the Local Government Finance Standards.

The net expenditure figure for each Local Authority is rounded to the nearest million dollars to facilitate scoring.

Total Operating Expenditure	Category Determination
$ million	Score
0-2	1
2-5	2
5-10	3
10-20	4
20-40	5
40-80	6
80-160	7
>160	8

The dollar components in the above scoring schedule shall automatically increase or decrease by the previous 12 month CPI figure published by A.B.S. The adjustment shall take place prior to 30 June each year. The results of this calculation shall be cumulative and, as a consequence, records of the adjustment shall be maintained by the Local Authority and shall form the basis of calculations in subsequent years.

The category determination score shall be increased by 0.5 when the net expenditure is within minus 10% of the maximum limit and shall be decreased by 0.5 if the net expenditure is within plus 10% of the minimum level.

6.4.3 Employee levels

Employee levels are determined by including each "full time" employee as a unit. Each person employed on a basis other than "full time" is to be included with a unit value calculated as follows:

1 Unit	x	Annual "Ordinary" Hours Worked
		Full time annual "Ordinary" Hours

(as per award)

Units as at 30 June			Category Determination Score
0	-	50	1
50	-	100	2
100	-	200	3
200	-	400	4
400	-	800	5
800	-	1600	6

The category determination score shall be increased by .5 when the employee level units are within minus 10% of the maximum limit and shall be decreased by 0.5 when the employee level units are within plus 10% of the minimum limit.

6.4.4 Separately valued properties

The number of properties is to equal the total number of separately valued properties as per the Valuer General's Valuation Roll for the Local Government area. Where such roll includes properties subdivided for building unit title or strata title purposes, each lot thereby created shall be added to the total, as if it were a separately valued property.

Separately Valued Properties 000's			Category Determination Score
0	-	1	1
1	-	2	2
2	-	4	3
4	-	8	4
8	-	16	5
16	-	32	6
32	-	64	7
64	-	128	8

The category determination score shall be increased by .5 when the separately valued properties level is within minus 10% of the maximum limit and shall be decreased by .5 when the separately valued properties level is within plus 10% of the minimum limit.

6.5 Exemption of Chief Executive Officer

[6.5 inserted by PR902645 from 07Apr01]

6.5.1 This award shall not apply to any respondent local authority in respect of its Chief Executive Officer where the respondent local authority and the Chief Executive Officer enter into a written contract of employment which states that this Award is not to apply to the employment terms and conditions of the Chief Executive Officer.

6.5.2 Clause 6.5.1 will only apply where the following conditions are met:

6.5.2(a) the local authority has brought to the attention of the Chief Executive Officer provisions of this Award prior to the Chief Executive Officer entering into the contract;

6.5.2(b) a copy of the proposed contract is given to the Chief Executive Officer or the person to be appointed as Chief Executive Officer seven (7) clear days prior to the contract being entered into by the Chief Executive Officer or the appointee;

6.5.2(c) the contract is voluntarily entered into by the Chief Executive Officer or the appointee;

6.5.2(d) the contract’s terms and conditions do not result, on balance, in a reduction in the overall terms and conditions of the Chief Executive Officer under this Award.

6.6 Exemption of Executive Officers

[6.6 inserted by PR957684 ppc 28Apr05]

6.6.1 This subclause shall only apply to those Executive Officers for whom a salary is prescribed by paragraph 6.2.1 of this award. This subclause shall not apply to those Executive Officers for whom a salary is prescribed by paragraph 6.2.2.

6.6.2 This award shall not apply to any respondent local authority in respect of its Executive Officers as defined herein where the respondent local authority and the Officer concerned enter into a written contract of employment which states that this Award is not to apply to the employment terms and conditions of the Officer.

6.6.3 Clause 6.6.2 will only apply where the following conditions are met:

6.6.3(a) prior to the Executive Officer entering into the contract the local authority has
- brought to the attention of the Executive Officer provisions of this Award and
- if the effect of an exemption under this clause also means that the Executive Officer will no longer be covered by a certified agreement that fact must be advised in writing to the Executive Officer;

6.6.3(b) a copy of the proposed contract is given to the Executive Officer or the person to be appointed as an Executive Officer seven (7) clear days prior to the contract being entered into by the Executive Officer or the appointee;

6.6.3(c) the contract is voluntarily entered into by the Executive Officer or the appointee;

6.6.3(d) at the time it is agreed and/or renewed the contract’s terms and conditions do not result, on balance, in a reduction in the overall terms and conditions of the Executive Officer under this Award or relevant Agreement certified under the Workplace Relations Act 1996.