Under Fair Work general protections proceedings, (1) the s 361 reverse onus is engaged by the making of the requisite allegation, not by establishing a prima facie connection; (2) rejection of a Calderbank offer in Fair Work proceedings will rarely constitute an 'unreasonable act or omission' under s 570(2)(b), particularly where the offer is in substance a 'walk away' offer; and (3) a higher standard of unreasonableness applies under s 570(2)(b) than in ordinary costs contexts.
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