Discrimination has no place in our schools

The IEU welcomes the introduction of a private member’s Bill by MP Allegra Spender addressing discrimination in faith-based schools.

Deputy General Secretary Kylie Busk speaking at Parliament House in Canberra today about the Bill.

Under current laws, staff and students in these schools can be subjected to discrimination that would be unlawful in other workplaces. The proposed legislation would strengthen protections for staff and students, while allowing faith-based schools to maintain their religious character.

Discrimination is still happening.

Teachers have been sacked on suspicion of being in same-sex relationships, staff have been denied promotions because of a previous divorce, a graduate teacher faced threats to their employment for seeking access to IVF and a young unmarried teacher dismissed after becoming pregnant.

These shocking cases would be condemned in all other workplaces.

IEU Deputy General Secretary Kyle Busk, in Canberra for the announcement of the Bill, said IEU members around the country are rightly proud of the work they do in faith-based schools.

“However many of these fine educators live and work in fear of being discriminated against for who they and who they love despite their great work.

“Many are people of faith themselves, but they need protection under the laws from discrimination and this announcement today seeks to guarantee this through respectful and moderate changes which should be achieved without further delay.”

IEU Federal Secretary Brad Hayes says the Bill provides “a long-overdue pathway to close discrimination loopholes” and the new legislation would “finally bring these outdated discrimination privileges to an end”.

“Due to sweeping exemptions in discrimination and workplace laws, IEU members can be lawfully discriminated against because of personal attributes such as marital or relationship status, gender, pregnancy, IVF treatment, family responsibilities, gender identity or sexual orientation.

“Students in these schools are also denied full protection against discrimination.”

Brad says the Bill is “a sensible approach to repairing the laws”.

It would narrow the exemptions while still meeting the needs of schools, such as allowing preference to be given to employees of a particular faith for promotional or religious education roles. This balanced approach would allow schools to maintain their special character without exposing staff to discrimination unrelated to their work.

The Bill is consistent with the government’s own 2022 commitment to modernise the exemptions and the Parliamentary report commissioned from the Australian Law Reform Commission (ALRC).

However, there has been no progress from the government since their ALRC report was tabled in Parliament two years ago.

The ongoing exemptions deny basic rights, contribute to psychosocial harm and conflict with community standards of inclusion and respect.

Go to the anthonyalbanese.com.au and you can read the following words: “Labor believes all Australians have the right to live their lives free of discrimination”.

The IEU calls on the federal government to act on this public commitment to reform discrimination laws and ensure school staff and students have the protections they deserve. 

There is no reason for further delay. The government should match Allegra Spender’s leadership and pass these laws. School staff, students and the community have waited long enough.

Allegra Spender said:

“Most Australians would be surprised to learn that under federal law today, a religious school can still expel a student or sack a teacher simply for becoming pregnant, getting divorced or being gay.

“Schools should be places where students are protected, where they can grow and be themselves. These laws do the opposite.

“I’ve spoken to people who lost their jobs because they got divorced. Inquiries have heard from teachers who were let go after marrying their same-sex partner, or after becoming pregnant through IVF.

“This is about faith and fairness coexisting. We can protect religious freedom without anyone being able to lose their job or being expelled because of who they are. Several states and territories have shown it’s possible, and it works, all that’s missing is the will and courage to act.”

Independent teal MP Kate Chaney, who seconded the Bill, said it matters “to the estimated 70,000 LGBTI students who attend non-government schools in Australia, and the 10,000 LGBTI teachers who teach at them".

"The best teacher my kids ever had is gay, and it horrifies me to think that at some schools he could be fired for it."