RIGHT OF ENTRY – misuse of system – ss.508, 587 Fair Work Act 2009 – application by respondent to dismiss substantive matter – respondent submitted proceedings are vexatious and an abuse of process because they are being conducted in a manner unfairly burdensome and productive of serious and unjustified harassment to all of the respondents to the substantive manner – the respondent also submitted that the proceedings are an abuse of process because they are doomed to fail owing to events that have occurred since their commencement and because of the circumstances known to the applicant – application to dismiss substantive matter arose because of additional material relied upon by the applicant – consideration of application to dismiss confined to additional material to which respondent objects – power to dismiss arises from s.587(1) FW Act – three categories of abuse of process from Rogers v The Queen relevant [LCR Group] – legislation concerned with substance and motive with which application is commenced and prosecuted – Commission not satisfied applicant’s reliance on additional material motivated by desire to harass or embarrass respondent, or that the attempt to rely on the material was frivolous or vexatious – Commission not satisfied of an abuse of process – Commission not persuaded substantive application should be dismissed – parties to be afforded an opportunity to be heard on admissibility of additional material – application to dismiss substantive matter dismissed. The Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union and Ors
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