Meriton, Australia's largest apartment developer, has been sued over the August 2025 incident in Carlingford, in Sydney's northwest, where a concrete pump fell on the pair.
The Construction Forestry and Maritime Employees Union has alleged in the Federal Court that a Meriton employee did not let one of its officials onto the site of the accident to investigate what happened the day after.
CFMEU Anthony Dimitriou claimed he was entitled to inspect the site under safe working legislation because it was suspected Meriton had contravened laws.
But the union's suit alleged Meriton employee Frank Mignemi kicked him off the site and was "threatening and aggressive and verbally abusive".
"F*** off. Get f***ed.This is not a union site. I don't need this shit. I've got the cops and SafeWork coming to do an investigation. I don't need the union here," the suit alleged Mr Mignemi told him.
It is alleged Mr Dimitriou complied with the request to leave, before Mr Mignemi shut the gate to the site and locked it.
Meriton declined to comment on the specific allegations, but said it was "complying with all authorities and the investigative bodies in relation to an ongoing investigation".
CFMEU NSW executive officer Michael Crosby told AAP the "disaster" deserved investigation so the families of those affected could get answers.
"Our organiser, an experienced health and safety expert, sought site access to inform our submission to Worksafe NSW," he said.
"He has a legal right of entry. He was met with foul-mouthed abuse. This infringement on our rights will not be tolerated."
The suit said the workers were employees of subcontractor General Beton, which was union aligned.
The CFMEU is seeking pecuniary damages.
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