Application by Shahid Naqvi for an Inquiry into an Election in The Amalgamated Metal Workers & Shipwrights Union [1981] FCA 39

IN THE FEDERAL COURT OF AUSTRALIA INDUSTRIAL DIVISION

SOUTH AUSTRALIA DISTRICT REGISTRY

No. 17 of 1980

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IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an application by SHAHID NAQVI for an Inquiry into an Election in THE AMALGAMATED METAL WORKERS' AND SHIPWRIGHTS UNION _

26 March Y981 J.B. SWEENEY J.

REASONS FOR JUDGMENT

This is an inquiry into an election conducted for the office of assistant state secretary in the Amalgamated Metal Workers and Shipwrights Union, South Australian Branch, which I hereafter refer to as "the Union". Application was made to the Industrial Registrar by Mr. Shahid Naqvi for an inquiry on 17 December last. The Industrial Registrar granted the application and referred the matter to the Court. Notice of the reference was given to the applicant, to the Union and to Mr. Lean, the successful candidate. Mr. Lean was in Court at the first hearing, but did not seek leave to appear, althpugh

invited so to do.

At that stage, Mr. Naqvi was represented by counsel

who subsequently sought leave to withdraw from the proceedings,

both as counsel and solicitor, since the applicant had been unsuccessful in seeking legal aid from the Commonwealth Attorney- General and the South Australia Legal Aid Commission. Leave

was granted and subsequently Mr. Naqv1 appeared in person.

I would add it appears that the Industrial Relations Bureau played some part in the examination of the matter by the Industrial Registrar, but it did not seek leave to appear and no material was before me indicating what it had investigated

or found.

Questions raised on the hearing centred around two issues: firstly, whether the applicant was a financial member and entitled to nominate; and secondly, whether he should have been given notice of rejection of his nomination by the