Mr Tribe was found not guilty on a technicality. Magistrate White said in his judgment last Wednesday a notice to appear issued by the ABCC to Mr Tribe was invalid because the Commissioner had not delegated his functions to the Deputy Commissioner, but only his powers. If the Commissioner had also delegated his functions, which he is allowed to do, it follows that the magistrate could have found Mr Tribe guilty.
The ALP promised before the 2007 Federal Election, and again in 2009, to abolish the ABCC. However in February the Prime Minister, Ms Gillard, announced that a new Building Industry Inspectorate would have the same powers to force building workers to give evidence about union activity.