Sanders’ case will be heard in October in the Melbourne Magistrates’ Court, where a decision will be made on whether the state or federal legislation applies.
In a statement of claim, Sanders wants an order to stop MACS from any more alleged contraventions of the Equal Opportunity Act and wants compensation for the hurt, humiliation, distress and anxiety they experienced as a consequence.
But the union is already preparing for a bigger fight, one which could “open the floodgates not just for our members across two states, but across the country for anyone employed by a faith-based organisation”, according to deputy general secretary Kylie Busk.
“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.”
She said uncertainty around the issue of discrimination had been lingering as the federal government had not passed previously proposed legislation.
“The harm this causes both to staff and to students is undeniable.”
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Sanders said it would be easier for them to work elsewhere, but they are fighting for those who don’t have that choice.
“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,” they said.
“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.”
IEU federal secretary Brad Hayes said both employees and students would continue to face discrimination in faith-based schools until federal laws were updated to provide consistent national protections.
A Melbourne Archdiocese of Catholic Schools spokesperson said the organisation sought to create a supportive environment for staff, students and parents, and treated all individuals with respect and dignity.
“Myka Sanders remains a valued and respected member of the teaching staff at Sacred Heart Girls’ College,” she said.
“As legal proceedings are under way, MACS will not make further comment at this time.”