Labor risks getting on wrong side of religious leaders over school hiring rights

When Anthony Albanese was asked in his own party room about the fears of religious schools being denied the existing right to preference teachers in employment who share the same faith and ethos of the school he said Labor had supported the position “for a long time”. Picture: Getty Images

Anthony Albanese’s initial response to the concerns of faith-based schools being severely limited in their rights to hire teachers who share the same faith is true, but risks being seen as tricky.

After the Prime Minister was asked in his own party room about the fears of religious schools being denied the existing right to preference teachers in employment who share the same faith and ethos of the school he said Labor had supported the position “for a long time”.

This is true and it is also true that the Australian Law Reform Commission’s proposal still “allows” schools to preference teachers of the same faith when hiring.

But, the reality, particularly as all the religious schools of all faiths see it, is that the commission’s proposal is such a severe limitation of that right, with so many potential legal hazards, challenges and costs, that it is a denial of that right.

The commission has proposed that faith-based schools only be allowed to preference teachers who would support the school’s ethos in a role where “religion is a genuine requirement” while in all other subjects teachers would not have to share the schools beliefs, ethos or even have to support those beliefs.

The argument is that teachers of religion would be allowed to be hired with a preference over teachers who didn’t share the school’s faith or ethos but all others would be subject to the same employment requirements as state schools.

The religious schools argue this would defeat the creation of an ethos, put a new and uncertain test into employment law, increase litigation and deter schools from hiring a candidate of the same religion in preference to other candidates.

This mix of religious rights, the rights of parents, employment rights and gay rights has dogged governments for more than a decade, cost Scott Morrison dearly in his inability to bring forward religious protection laws and is recognised by Labor as a potent political issue.

Albanese’s reassurance to his colleagues reinforces the ALP argument that religious teachers will be allowed to be hired on the basis of religious belief and that will satisfy the faith-based schools.

But, the faith-based schools are aware of the impact of the detail of the proposal and see a threat to their ability to operate as faith-based schools in the interests of millions of students and parents.

Shadow attorney-general Julian Leeser. Picture: NCA NewsWire / Martin Ollman

As shadow attorney-general, Julian Leeser, argues: “If the only people that are modelling a life of faith is the religious education teacher then the school is no different to a government school where you have … a special religious education class for a session once a week.”

“This is about schools creating communities of practice. Schools creating teachers that model a life of faith,” he said.

The 30 faith leaders who have reacted strongly to the proposal argue: “The purpose of religious schools is not only to impart intellectual knowledge, but also to instil religious values. In addition to teaching the prescribed curriculum, they provide religious activities that seek to demonstrate to students what a life lived in accordance with the relevant religion looks and feels like in practice.”

Labor needs to recognise that glossing over significant detail with a general affirmation is not going to pacify the religious leaders who are clearly not going to allow the millions of fee-paying parents to be fobbed off with disingenuous claims to longstanding positions.