Every IEU member deserves a workplace free from discrimination

The IEUA is disappointed that the reporting date for the Australian Law Reform Commission’s (ALRC) review of religious exemptions for educational institutions in Federal anti-discrimination law has been extended by eight months.

The ALRC will now provide its advice to the Government at the end of the year.

There must be no further delay in delivering equality to all workplaces and ensure protection from discrimination regardless of occupation or place of work.

The review, originally due to report in April, is long overdue and offered our members the opportunity to share heartbreaking stories of discrimination they have endured due to sexual orientation, marital status and pregnancy.

Such treatment would be unlawful in any other workplace.

The special employer exceptions that allow for these situations must end.

Every IEU member deserves a workplace free from discrimination.

All IEU members have a right to equality and deserve a workplace free from discrimination.

The IEUA said the federal government’s review, was “an essential first step” to update these laws and better reflect modern community standards.

Australia doesn’t condone blatant discrimination - except in thousands of schools.

No employer should be allowed to ‘lawfully discriminate’ due to an employee’s sex, sexual orientation, marital status or pregnancy.

IEU members accept they have a general duty of fidelity to their employer. For example, a teacher speaking openly in class against the religious ethos of their employer would be in breach of their common-law obligations and open to disciplinary action.

Such scenarios are different and separate to matters of discrimination. Faith-based schools don’t need special discriminatory privileges to ensure reasonable workplace conduct by their staff.

The changes needed to protect all school staff from discrimination.

Similar reviews of state and territory anti-discrimination laws are already underway in several jurisdictions that are also looking to update protections for staff in faith-based schools.

We need new federal legislation that:

  • Protects all employees from discrimination in line with Australia’s human rights undertakings.

  • Removes the special exemptions that allow religious institutions to discriminate.

  • Provides clearer parameters for the use of any ‘employee preference’ as they relate to the religion of an employee in a faith-based school.

  • Consolidates existing federal legislation to provide for discrimination protections as part of a single, broad-based, federal human rights regimen.

  • Introduces a positive duty on organisations to eliminate discrimination.

  • Empowers the Fair Work Commission as a free and impartial discrimination resolution service.

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Deb James, IEU legend

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