332   Determination of structure

(1)  A council must determine:

•  an organisation structure

•  those positions within the organisation structure that are senior staff positions

•  the resources to be allocated towards the employment of staff.

(2)  A council may not determine a position to be a senior staff position unless:

(a)  the responsibilities, skills and accountabilities of the position are generally equivalent to those applicable to the Executive Band of the Local Government (State) Award, and

(b)  the total remuneration package payable with respect to the position is equal to or greater than the minimum remuneration package (within the meaning of Part 3A of the Statutory and Other Offices Remuneration Act 1975) payable with respect to senior executive office holders whose positions are graded Level 1 (General Management).

(3)  For the purposes of subsection (2) (b), the total remuneration package payable with respect to a position within a council’s organisation structure includes:

(a)  the total value of the salary component of the package, and

(b)  the total amount payable by the council by way of the employer’s contribution to any superannuation scheme to which the holder of the position may be a contributor, and

(c)  the total value of any non-cash benefits for which the holder of the position may elect under the package, and

(d)  the total amount payable by the council by way of fringe benefits tax for any such non-cash benefits.