IEU member Myka’s brave fight against discrimination

The IEU is backing a non-binary educator in a case against one of Australia’s largest religious employers to secure stronger anti-discrimination protections across the independent education sector.

The Guardian’s coverage of Myka’s case. Read the full article here.

The IEU has long championed anti-discrimination laws in schools where our members work, contributing to the introduction of key protections in Victoria and Tasmania. However, while Tasmania, Victoria, Queensland, the ACT and the Northern Territory provide varying degrees of protection, federal law still allows religious schools to discriminate on the basis of pregnancy, marital status, gender identity or sexual orientation.

Our branch – and the IEUA nationally – continues to press the Labor Party to uphold its pre-election commitment to limit exemptions that let faith-based employers discriminate against school staff. But the bravery of one IEUVT member, Myka, could force the issue even if the federal government continues to ignore the need for change.

Myka simply asked their employer Melbourne Archdiocese Catholic Schools (MACS) to use the name they identify with on the timetable, in school reports and in general correspondence. MACS repeatedly refused, so the union lodged a dispute at VCAT on Myka’s behalf. Rather than work through the VCAT process with Myka and the IEU, MACS ran a jurisdictional argument, claiming the Victorian legislation we relied on was overridden by federal law so could not be heard by the tribunal. The matter is scheduled to be heard in the Magistrates Court next month.

“We came out of that VCAT hearing essentially looking at potentially needing to run something through to the High Court because the constitutional element is really significant,” says IEU Deputy General Secretary Kylie Busk. She says the uncertainty around anti-discrimination has been “sitting in the background” for members due to the federal government’s failure to pass its previously proposed legislation, and “it is time to resolve it.”

Conservative forces “want the fight,” she says. “They want to dismantle workplace anti-discrimination protections.” She says if they win, it will “open the floodgates not just for our members across two states, but across the country for anyone employed by a faith-based organisation. The harm this causes both to staff and to students is undeniable.”

Myka’s courage in calling out this powerful employers’ group  ̶  the largest the IEUVT deals with  ̶  and which seems to have the backing of the Catholic Church, is remarkable, and Kylie has vowed the union will back them all the way. Myka’s stance brings long-festering discrimination to a head and could have far-reaching ramifications for personal rights and educator retention in Australia.

“I don’t know how many people are willing to fight like I am, but I know many who won’t or can’t. It’s not easy, and it’s not cheap. I’m fighting not just for myself, but for those around me and those who come after me. That’s the point of the union.”

Myka’s story

“I use they/them pronouns, which should be a fairly simple ask on paper, but if you’re the largest Catholic employer in the state, apparently it’s a tricky one to accommodate,” Myka says.

“I work at a Catholic school. It’s a single-sex Catholic school, which means that all the employment forms say the students are girls. But of course, the world’s not that simple. There is a trans community out there. It doesn’t matter what school, what workplace, or what environment — someone will always be in that LGBTQI+ space. I happen to be one of the teachers in that space.”

More than two years ago staff at Myka’s school were told at a meeting that they had to do more to support their queer students. Myka went to the principal afterwards to thank him for the direction and said, ‘I too am non-binary’.

“I asked if the school could change my title from “Mr” and use the right pronouns on timetables, emails, and so on.

“The principal said, ‘I’ll get back to you. Book a meeting with my secretary’. The earliest meeting I could book was three weeks away. In that time, I was summoned to the deputy principal’s office and reprimanded for using they/them pronouns because I’d ‘gone about it wrong’. I was told off for having pride stickers on my laptop and for handing out stickers to students who wanted them.

“Even more bizarrely, I was accused of being the ‘main conspirator’ behind a shadowy queer student support group supposedly running at lunchtimes under the guise of a school-sanctioned music program. It was absurd.

“I did eventually meet with the principal, who said he didn’t have a problem with my request, but said, ‘I’m not in charge. MACS is in charge’. And MACS said no. So I went to the union. Since then, there have been countless letters, emails, meetings, and attempts at civil mediation. This started in August 2023. Two years later, it’s still ongoing. We now have court dates. I’ve lost count of the documents I’ve had to review and the hours of sleep I’ve lost.

“The main reason I fight is that while it would be easy for me to just work elsewhere, there are others who can’t. There’s a math and science teacher shortage; I could get another job. But students sometimes come out to me because they don’t know who else is safe [to talk to]. I’m one of the visibly safe teachers because I wear pride badges, have stickers, and use they/them pronouns. Some [students] don’t feel safe coming out at home. Some want to become teachers themselves but have already said they would hide their identities if they worked here because they fear being vilified.

“I don’t know how many people are willing to fight like I am, but I know many who won’t or can’t. It’s not easy, and it’s not cheap. I’m fighting not just for myself, but for those around me and those who come after me. That’s the point of the union.”

IEU members campaigning against the Religious Discrimination Bill

The IEU’s position

IEU members know they have a basic responsibility to act in good faith towards their employer. That doesn’t mean, however, that employers should have free rein to discriminate against staff. For example, while a teacher wouldn’t stand up in class and deliberately attack the values of their school, this should never give employers an excuse to punish or sideline workers for who they are or how they live their lives.

The reality is that most of our 75,000 members work in faith-based schools across Australia. These workers deserve fairness and respect. They should be valued for their skills and dedication in the classroom—not judged on irrelevant personal matters like whether they’re married, whether they have children, their sexual orientation or gender identity, or what they do in their own religious or private life.

The union stands firm: every educator has the right to be treated with dignity, protected from discrimination, and recognised for their hard work and merit—not their private circumstances.

Myka will need assistance to continue the legal fight, and fundraisers are planned. We will keep you posted on how you can help Myka, and the countless others affected by the often draconian discrimination continuing in our religious schools.