In fairness the fitness test rule has always been there. If you take it you are presenting yourself as fit and able to do it, and if you fail it will count against one of your two attempts. I can look back to loads of L3 referees who took it and failed, and their defence that they weren't feeling great always fell on deaf ears.
Don't know Josh's situation though.
This is a fair point. I would hope there is some flexibility in the system. If, for example, a referee wakes up on the morning of the fitness test and feels rotten then I would hope there is space to withdraw from that day's test and take it on another occasion when feeling better. If that is so, then the responsibility lies with the referee.