Beazley would do well to move forward on IR laws

There is a final alternative. The constitution says that the states can refer power to the Commonwealth, which they have done in areas such as terrorism and family law.

If the elections in New South Wales and Victoria return the incumbent governments and Beazley wins the next federal election, Labor will govern across the nation.

Agreement might then be reached across national and state lines to refer power to lock in a new national industrial law. The states could still take back this power in the future, thereby providing a ongoing check on how the power is used.

This offers a way for continuing state involvement in the drafting and enforcement of a national law. In a federal system of government, such co-operation is preferable to the political conflict and legal disputes brought about by the Howard Government seeking to override the laws of the states.

The referral approach also has the advantages of security and simplicity. It would provide an unassailable constitutional foundation for a one-stop national law on employment that covers all workers. If Beazley wins government, it provides the best way forward.