It is illegal to possess or use fireworks in NSW without a licence.

The Comcare spokesman said: “Comcare has an open inquiry in relation to an alleged incident at the FWC’s Sydney offices in December 2020.”

A source close to Mr Boyce, who was not authorised to speak on the record, said the commissioner had used some “throw-downs” at a work function last year. There was no risk to anyone and the referrals to Comcare and police were a “waste of time”, the source said.

Mr Boyce’s defenders have previously said his figurines were a hobby and available for anyone to buy at mainstream stores such as EB Games.

“It’s arguable [the] referral is another act of malice,” the source said, suggesting it was politically motivated.

The composition of the Fair Work Commission is highly politicised, with many of the members who preside over disputes coming from union or employer backgrounds.

Mr Boyce, a former barrister, worked for employer groups including the Australian Mines and Metals Association before his appointment by the Coalition government in 2018. Fair Work Commission president Iain Ross was once an ACTU official while general manager Bernadette O’Neill worked for the then Liquor, Hospitality and Miscellaneous Workers Union.

News of Mr Boyce’s referral to police, first reported by The Australian, came as The Australian Financial Review revealed the government was close to appointing former Liberal MP Sophie Mirabella to the commission, citing anonymous sources.

Loading

“One of the least conciliatory people to ever come through the Federal Parliament will now be in charge of conciliation for every workplace in the country,” Labor’s industrial relations spokesman, Tony Burke, said.

“A person who described John Howard’s Work Choices as ‘big but fair’ and ‘significant and necessary’ will earn up to $470,000 a year for the next 13 years to oversee Australia’s workplaces,” Mr Burke said.

The office of the acting Industrial Relations Minister referred a request for comment about Mr Boyce to the Fair Work Commission. A Fair Work spokesman declined to comment on the allegations against Mr Boyce or the referral, beyond saying the miniatures were discussed at Senate estimates in March 2020.

In relation to Ms Mirabella, a spokesman for acting Industrial Relations Minister Michaelia Cash said “the government doesn’t comment on speculation about appointments”.

“Any appointments will be considered and announced in the usual way.”

Commission members cannot speak to the media because of their roles.