A proceeding in which rights owed their existence to the Fair Work Act (through an enterprise agreement approved under the FWA) is 'in relation to a matter arising under' the FWA for the purposes of s 570, even where the claims are pleaded in common law or under State legislation, and even where the FWA claims fail or are not pressed. Rule 26.08 of the Victorian Supreme Court Rules does not apply in federal jurisdiction where s 570 FWA 'otherwise provides', and the standard of 'unreasonableness' under s 570(2)(b) is higher than under r 26.08. An offer of compromise that includes unquantified costs that the offeree is not liable to pay under s 570 may not be 'unreasonable' to reject. Employers conducting misconduct investigations under the VPSEA must provide employees with the investigator's findings and sufficient information to respond, and cannot rely on privacy grounds to withhold witness evidence of what the witness heard or observed, as such evidence is not 'personal information' about the witness.
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