The Creator Version 10.3 doesn't include empty folders (in the test that Brendan did, 'test2mt' would not have been included when the data disc is burned). As far as options available, I have opened every possible menu and searched for the option that might allow empty folders to be included, but I haven't been able to find a setting or option that applies. I appreciate the testing completed and I will recommend to out doucment archiving group that they consider the purchase of version NTX3.
One final question I might ask is to confirm whether NTX3 identifies any files whose entire pathname + filename will be too long to successfully be burned to the data disk (Creator 10.3 does do this and it is a feature that the Archiving department requires). Or perhaps is there a trial version of the software that can be tested, and then purchased and licensed once the Archiving department has verified that it meets their needs?