Preserve as empty space option is not preserving the space when no window is open

[maverick74]

I have the current configuration:

When i have a maximized window i get:

But if i close all windows i was expecting it to behave like this (this is how it appears when one un-maximizes/restores a window):

However, with all windows closed, the actual result is this:

The space where the buttons show up is not preserved - it shrinks - a lot! Hence the bug report! ;)

Thank you